Lemoine v. Downs

PAINTER, Judge.

| defendant, Jon Oliver Downs, appeals the judgment of the trial court awarding Plaintiff, Barbara Escude Lemoine, reimbursement of expenditures made on and rent received for property owned by Downs.

DISCUSSION

Barbara married John Lemoine in 1974. On April 1,1995, John donated thirty acres including the family home and improvements to Barbara’s grandson, Downs, who was approximately twelve years old at the time. In 1997, John executed a withdrawal of donation relying on Down’s lack of capacity to contract. On July 12, 1999, John and Barbara entered an Act of Donation and…