Succession of Dopler v. Feigel
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. A Tissot J. 1. A donation of immovable property, with the icservation of the usufruct thereon by the donor, is null and void. R. C. C., Art. 1533; J5 Ann. 580 ; 5 Ann. 433; 11 Aim. 707; 12 Ann. 721; 4 Ann. 36. 2. A donation which divests the donor of the whole of his property, is null and void. It.
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A PPEAL from the Civil District Court for the Parish of Orleans. A Tissot J. 1. A donation of immovable property, with the icservation of the usufruct thereon by the donor, is null and void. R. C. C., Art. 1533; J5 Ann. 580 ; 5 Ann. 433; 11 Aim. 707; 12 Ann. 721; 4 Ann. 36. 2. A donation which divests the donor of the whole of his property, is null and void. It. O. 0.1497, It matters not that the donee agrees to support the donor during life. 11 It. 309. 3. The testimony of a defendant, the only witness in his own behalf, as to transactions with a party deceased, in support of a claim for…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Fenner, J.
The object of the suit is to annul an act of sale of immovable property made by the deceased, Mrs. Dopier, to the defendant and to recover the property with an account of its revenues. Although the title of the suit nominates the succession as plaintiff, the real and only plaintiff is the grand-daughter and sole forced heir of the deceased
The grounds of attack are that tlie sale, as such, was a mere simulation, intended to cloak or disguise a donation, and that such donation is itself null because it embraced all the property of the donor…
2Cited by7 opinions
- Russell v. CulpepperSupreme Court of Louisiana · 1977
- Bell v. BellLouisiana Court of Appeal · 1976
- Averette v. JordanLouisiana Court of Appeal · 1984
- Garcia v. DulcichSupreme Court of Louisiana · 1959
- Moore v. SucherSupreme Court of Louisiana · 1958
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