Fleitas v. Richardson, 147 U.S. 550 (1893), was a United States Supreme Court case in which the Court held that under the Louisiana Code, the liability of the husband to the wife for her separate property received by him under the marriage contract is in the nature of a debt secured by mortgage of his lands, and may be enforced by her by direct suit against him.

The case was duly removed by said defendants into the circuit court of the United States upon the grounds that there was a separable controversy between them and the plaintiff, and that the suit involved a question under the bankrupt law of the United States as to the effect of the husband's discharge in bankruptcy upon the plaintiff's claim and mortgage.

Dotal property is that which the wife brings to the husband to assist him in bearing the expenses of the marriage establishment.

The liability of the husband to the wife for her separate property received by him under the marriage contract is in the nature of a debt secured by mortgage of his lands and may be enforced by her by direct suit against him.

The wife may, at any time during the marriage, sue the husband for a separation of property, "when the disorder of his affairs induces her to believe that his estate may not be sufficient to meet her rights and claims."

Consequently, a transfer of property, or a confession of judgment, by an insolvent husband to his wife, in settlement of her claims, is good against his creditors.

Such being the nature of the liability of the husband to the wife for her paraphernal property under the law of Louisiana, it was clearly provable by her against him as a debt under the bankrupt act of the United States.

The Court opined that under Louisiana law, the debt of the husband to the wife was extinguished by his discharge in bankruptcy; and thereupon her mortgage, which was but a security for that debt, disappeared with it, and could not attach to these lands upon his subsequently purchasing them; and the appellees, claiming as his creditors under the mortgage from him to them, were entitled to set up his discharge in bankruptcy against any lien claimed by her upon the lands.