Melville Fuller

“ The husband may release the mass of his property from this legal mortgage, by executing a special mortgage in the manner required in the preceding section, for dotal effects.' Thus, it appears that a legal mortgage on all the husband's property exists until a special mortgage is executed according to the foregoing provisions, and the law does not contemplate a legal and a special mortgage existing at the same time And the legal mortgage of the wife, to affect third persons, must be recorded in the office of mortgages for the parish where the property lies. ”

“ The circuit court held that the mortgage asserted by Mrs. Young was a special mortgage, which took precedence over that of Nalle & Co., that her renunciation was void, and, the price bid not being sufficient to discharge this prior special mortgage, that the sale could not be confirmed and must be set aside.
By the Civil Code, the partnership or community of acquets and gains exists between husband and wife by operation of law, unless otherwise stipulated in the contract. ”

“ The objections in respect of alleged irregularities in the conduct of the sale, or the invalidity of certain taxes, and the requirement of their payment, need not be considered, as they are not sustained by the record, and mere informalities or irregularities in a judicial sale in Louisiana do not constitute a sufficient ground for setting it aside. ”