Legal Opinion

Lavedan v. Jenkins

Supreme Court of Louisiana

Decided April 8, 1895No. 11,652PublishedCited by 5 opinions

All donations made between married persons, during the marriage, though termed inter vivos, shall always be revocable. Civil Code, 1749. The sale of property by the husband revokes the donation thereof made by him to his wife, during marriage, by donation inter vivos.

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All donations made between married persons, during the marriage, though termed inter vivos, shall always be revocable. Civil Code, 1749. The sale of property by the husband revokes the donation thereof made by him to his wife, during marriage, by donation inter vivos. Pothier on Donations, Testamentary Chapter 6, p. 310; Grenier, Vol. 3, No. 345; Demolombe, Vol. 23, No. 480; Aubry and Rau, Vol. 8, p. 114, par. 744; Laurent, Vol. 15, No. 332; Troplong, Donations et Testaments, Vol. 4, p. 855, No. 2667. A conveyance of the right, title and interest of the vendor in the thing is a conveyance of…

1Opinion of the Court

The opinion of the court was delivered by

Miller, J.

This suit is brought by plaintiff to compel compliance with an agreement of defendant to purchase property. The defence is plaintiff has no title to the property he tenders defendant. From- a judgment against defendant she appeals. In 1867 Edward Owen made a donation inter vivos of this property to his wife. With the authorization of her husband, the donor, the wife sold it. From her vendee by successive conveyances the property was acquired by plaintiff, and by him agreed to be sold to defendant binding herself for the payment of the price.…

2Cases cited1 opinion

  1. Marie v. Avart's HeirsSupreme Court of Louisiana · 1820

3Cited by5 opinions

  1. Griffith v. AlcockeSupreme Court of Louisiana · 1904
  2. Atkins v. JohnstonSupreme Court of Louisiana · 1948
  3. Quirk v. SmithSupreme Court of Louisiana · 1909
  4. Atkins v. JohnstonSupreme Court of Louisiana · 1948
  5. Mayfield v. MayfieldLouisiana Court of Appeal · 1987

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