Cosey v. Cosey
Louisiana Court of Appeals
364 So. 2d 186 (1978)
- Written by Tammy Boggs, JD
Facts
In 1915, Sidney and Hattie Cosey were married. The couple had one son, Sidney Cosey Jr. (Jr.) (plaintiff). In 1945, Sidney entered in a contract with the Cate Estate (defendants) under which the Cate Estate agreed to convey to Sidney an 11-acre parcel (the property) by warranty deed upon Sidney’s payment of specified installments totaling $825. In May 1961, Sidney completed the installment payments, but the Cate Estate could not deliver title to the property at that time because one of the owners had died. In May 1962, Sidney and Hattie divorced. The following month, Sidney married Lillian Cosey (defendant). In December 1962, the Cate Estate transferred the property to “Sidney and Lillian Cosey” through a recorded deed. In 1964 and 1976, respectively, Hattie and Sidney died. Jr., who was the administrator of his parents’ estates, sued Lillian and the Cate Estate for a declaration that the property belonged to the marital community of Sidney and Hattie. Jr. argued that the property was paid for with funds belonging to his parents’ marital community. The trial court rendered judgment for Jr., and Lillian appealed.
Rule of Law
Issue
Holding and Reasoning (Ellis, J.)
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