Fontenot v. Manuel
Supreme Court of Louisiana
^PPEAL from the Eleventh Judicial District Court, Parish of St. Landry. Perrault, J. There are three kinds of dinations: 1. Gratuitous; 2. Onerous; 3. Remunerative.
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^PPEAL from the Eleventh Judicial District Court, Parish of St. Landry. Perrault, J. There are three kinds of dinations: 1. Gratuitous; 2. Onerous; 3. Remunerative. O. O. 1523. The onerous donation is not a real donation, if the value of the object does not manifestly exceed that of the charges imposed on the donee'. O. O. 1524. Donations inter vivos are liable to be revoked or dissolved on account of the following causes: * * * The non-performance of the conditions imposed on the donee. O. O. 1559. Where a party claiming under an onerous donation desires to avail himself of the provisions of…
1Opinion
*1380On Rehearing.
The earnestness of the application for the rehearing has induced us more readily to re-.examine this case.
The point urged with great force in the application is, that the petition of the plaintiff attacking the donation avers the intention of the donor was to-give the usufruct t.o the donee, and yet the decision holds the donation void, because it does not give the usufruct to the donee. The court had the fullest appreciation of the contrast between the allegations of the petition and the conclusion reached by us, and that discrepancy formed part of the difficulty we enqountered…
2Cases cited1 opinion
- Powell v. Aiken & GwinnSupreme Court of Louisiana · 1841