Opinion
No. 64019.
March 16, 1979.
In re: Marie Cowart Head, applying for Certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Ascension.
Writ denied.
TATE, J., dissents for the reasons assigned.
CALOGERO, J., would grant the writ.
After a divorce, the husband conveyed the wife's community interest in property acquired during the community in fraud of her rights. The public records doctrine does not protect the sale by one not the owner of property conveyed. Redmann, The Louisiana Law of Recordation, 39 Tul.L.Rev. 491, 495, 500 (see footnote 36), 1965. Humphreys v. Royal, 215 La. 567, 41 So.2d 220 (1949) should be reconsidered, if it is in conflict with these principles.