Cited by
Opinions in Louisiana that cite Thigpen v. Thigpen, 91 So. 2d 12.
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LeGardeur v. Coleman
131 So. 3d 1035
La. Ct. App. 1st Cir. 2013
(1956), rev’d. on other grounds by Fowler v. Fowler, 03-0590 (La.12/12/03), ; (La.App.
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Fowler v. Fowler
861 So. 2d 181
La. 2003
(1956) and hold that life insurance proceeds received by a spouse during the existence of a matrimonial regime of acquets and gains are separate property.
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Fowler v. Fowler
834 So. 2d 659
La. Ct. App. 1st Cir. 2002
(1956), that since a policy of life insurance was issued during the existence of the (second) marriage, the proceeds of the policy were part of the community of that (second) marriage.
- Succession of Moran 535 So. 2d 369 La. 1988
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Camel v. Waller
526 So. 2d 1086
La. 1988
(1956); Phillips v. Phillips, 160 La.
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Robinson v. Robinson
524 So. 2d 218
La. Ct. App. 1st Cir. 1988
the husband bought a diamond ring with community funds, gave it to his wife, and the wife argued that the ring was her separate property.
- Guillory v. Jim Tatman's Mobile Homes, Inc. 490 So. 2d 1185 La. Ct. App. 3d Cir. 1986
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Howes v. Howes
436 So. 2d 689
La. Ct. App. 4th Cir. 1983
(1956); Oliphint v. Oliphint, 219 La.
- Hill v. Hill 434 So. 2d 1078 La. 1983
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Auger v. Auger
434 So. 2d 492
La. Ct. App. 2d Cir. 1983
See Auger v. Auger, supra; , (1956).
- D'ANGELO v. Poche 434 So. 2d 120 La. Ct. App. 5th Cir. 1983
- Katz v. Katz 423 So. 2d 1277 La. Ct. App. 4th Cir. 1982
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Prentice Oil and Gas Co. v. STATE, DEPT. OF TRANSP. AND DEVELOPMENT
421 So. 2d 937
La. Ct. App. 1st Cir. 1982
1085 , (1959); , (1956).
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Richard v. Thompson
411 So. 2d 699
La. Ct. App. 1st Cir. 1982
Rev., 430 F.2d 1 (5th Cir. 1970); , (1956).
- Vaughn v. Coco 409 So. 2d 282 La. Ct. App. 1st Cir. 1981
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Trahan v. Trahan
387 So. 2d 35
La. Ct. App. 1st Cir. 1980
in which our Supreme Court faced a similar situation.
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Hall v. Allred
385 So. 2d 593
La. Ct. App. 3d Cir. 1980
The Court agrees that rescission is not available as a remedy for this plaintiff, , (1956), and this contention is dismissed.
- Auger v. Auger 381 So. 2d 879 La. Ct. App. 2d Cir. 1980
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Cook v. Ed Francis Chevrolet, Inc.
365 So. 2d 1178
La. Ct. App. 3d Cir. 1978
(1956); Cain v. Employers Casualty Co., 236 La.
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Phillips v. Nereaux
357 So. 2d 813
La. Ct. App. 1st Cir. 1978
(1956) held: "The law does not give to a wife, who has sustained injury by a conveyance of community property in fraud of her rights, a right of action for rescission of the transactionsuch as the revocatory action available to creditors for the purpose of setting aside the fraudulent conveyance of thei
- Henry v. Newman 351 So. 2d 1277 La. Ct. App. 1st Cir. 1977
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State Dept. of Highways v. Terrebonne
349 So. 2d 936
La. Ct. App. 1st Cir. 1977
1085 , (1959); , (1956).
- Oil Purchasers, Inc. v. Kuehling 321 So. 2d 17 La. Ct. App. 3d Cir. 1976
- Town of Logansport v. Copley 313 So. 2d 901 La. Ct. App. 1st Cir. 1975
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Sokol v. Bob McKinnon Chevrolet, Inc.
307 So. 2d 404
La. Ct. App. 4th Cir. 1975
[6] , ; Travelers Insurance Company v. Jenkins, La.App., ; Watkins v. Abshire, La.App., ; Williams v. Ralph R. Miller Shows, La.App., .
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Robichaux v. Robichaux
289 So. 2d 837
La. Ct. App. 1st Cir. 1974
1085 , ; , ; Massey v. Consumer’s Ice Co. of Shreveport, 223 La.
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Travelers Insurance Company v. Jenkins
285 So. 2d 839
La. Ct. App. 1st Cir. 1973
See also, , ; Williams v. Ralph Miller Shows, La.App., .
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Succession of Feist
274 So. 2d 806
La. Ct. App. 4th Cir. 1973
361 (1902); , (1956); (8) Therefore the insurer's earlier 100% payment (for the wrong reason) to the wife's heir would have legally discharged 75% of its obligation, since the wife owned half and inherited half of her husband's half of the proceeds; (9) Therefore the husband's parents (and siblings) would not be entit
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Succession of Mendoza
288 So. 2d 673
La. Ct. App. 4th Cir. 1973
the Supreme Court held: "An analysis of the jurisprudence reveals that, where life insurance is taken out in favor of the insured's estate, or of his executors, administrators or assigns, the status of the proceeds of such life insurance, i. e., whether separate or community property, depends upon whet
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Malone v. Malone
243 So. 2d 100
La. Ct. App. 4th Cir. 1970
Uchello v. Uchello, 220 La.
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Broyles v. Broyles
215 So. 2d 526
La. Ct. App. 1st Cir. 1968
This article, , (1956), provides that a husband who has sold or disposed of community property by fraud, to injure his wife, is liable to the wife for one half of the value of the property disposed of.
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Gouaux v. Gouaux
211 So. 2d 97
La. Ct. App. 1st Cir. 1968
(1956), but where it can be shown that the money derived from separate funds, though commingled, was used to benefit the community, the claim for indebtedness should be allowed.
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Tooley v. Pennison
208 So. 2d 403
La. Ct. App. 4th Cir. 1968
Our Civil Code, article 2403, provides that debts contracted during the marriage must be acquitted out of the community estate; , (23); Tanner v. Tanner, 229 La.
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Jennings v. Walker
206 So. 2d 729
La. Ct. App. 1st Cir. 1968
612 (1899); , ; and Cahow v. Hughes, 169 So.
- Bynacker v. McMichael 205 So. 2d 433 La. 1967
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Herman v. Jambois
205 So. 2d 63
La. Ct. App. 4th Cir. 1967
1085 , ; , ; Massey v. Consumer's Ice Co. of Shreveport, 223 La.
- Succession of Videau 197 So. 2d 655 La. Ct. App. 4th Cir. 1967
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Pennison v. Pennison
187 So. 2d 747
La. 1966
Uchello v. Uchello, 220 La.
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Tooley v. Pennison
187 So. 2d 745
La. Ct. App. 1st Cir. 1965
Appellant James J. Morrison has filed an application for rehearing contending: (1) , , applicant, in his own right as a creditor of the community, has a valid claim against the community for his attorney’s fees; and (2) Thigpen is contrary to our statement that the only instances (we have been able to find) in the jurisprudence of the Supreme Court in which the community was required to
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International Union of Operating Engineers v. Guy Scroggins, Inc.
168 So. 2d 724
La. Ct. App. 3d Cir. 1964
593 , (syllabi 16, 17), or -of a finding by the trial court under the •eye of which the services were performed as to the reasonable valuation thereof, cf., , (syllabus 29) this appellate court will non-suit plaintiff’s claim in this regard.” Because of the above cited cases and the -evidence in the instant case, this Court can•not allow defendant attorneys’ fees on this "hearing; and this claim is dismissed as of -nonsuit.
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Hodges v. Hodges
150 So. 2d 884
La. Ct. App. 1st Cir. 1963
206 , , in which he correctly states in his brief that “the court held that the wife, who has sustained injury by a conveyance of community property in fraud of her rights, does not have a right of action for rescission of the transaction, such as the revoca-tory action available to creditors for the purpose of setting asid
- Udstad v. Fertel 148 So. 2d 853 La. Ct. App. 1st Cir. 1962
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Pierce v. Atlantic Refining Company
140 So. 2d 19
La. Ct. App. 3d Cir. 1962
593 , (syllabi 16, 17), or of a finding by the trial court under the eye of which the services were performed as to the reasonable valuation thereof, cf., , (syllabus 29) this appellate court will nonsuit plaintiff's claim in this regard.
- Broussard v. Broussard 132 So. 2d 85 La. Ct. App. 3d Cir. 1961
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Fontenot v. Himel
124 So. 2d 403
La. Ct. App. 1st Cir. 1960
the appellant contended that the Lower Court erred in awarding defendants attorney fees, as there was no evidence in the record to show the value of the services rendered by the defense counsel.
- Azar v. Azar 120 So. 2d 485 La. 1960
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Watkins v. Abshire
108 So. 2d 666
La. Ct. App. 1st Cir. 1959
54 .” The Supreme Court, , , at page 24, said: “Plaintiff contends that the judge erred in awarding defendant’s attorneys a fee of $1,000 to be charged against the community assets.
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Thomas W. Hooley & Sons v. Zurich General Accident & Liability Insurance
103 So. 2d 449
La. 1958
593 , (syllabi 16, 17), or of a finding by the trial court under the eye of which the services were performed as to the reasonable valuation thereof, cf., , (syllabus 29) this appellate court will non-suit plaintiff’s claim in this regard.