Arnaud v. Tarbe
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. This is an action instituted by the plaintiff, to set aside and annul a donation of one-half of the plantation and slaves on which he resides, made to Jean Tarbe and Marie Anne B'ouis, niece of the plaititiff.in consideration oftheir intended marriage.
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APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. This is an action instituted by the plaintiff, to set aside and annul a donation of one-half of the plantation and slaves on which he resides, made to Jean Tarbe and Marie Anne B'ouis, niece of the plaititiff.in consideration oftheir intended marriage. The act of donation is< contained in the marriage contract, signed by all the parties, on the eighth of November, 1830. The moiety of the plantation and slaves which constituted the donation, was estimated at thirty-four thousand three hundred and seventeen dollars…
1Opinion of the CourtMathews, J.
This suit is brought by a donor, in which he prays that a donation by him made to the defendants may be avoided and annulled. Judgement was rendered in the court below in conformity with the prayer of the petitioner, from which the defendants appealed.
The plaintiff claims the nullity of the donation on two grounds. 1. On account of its being so excessive as to leave *504him no property, or at least not sufficient to support him. ^ ’T’lia.t the deed of gift contains a clause of substitution, such as is reprobated by our laws. The first of these causes of nullity depends for its support on…
2Cited by12 opinions
- Queensborough Land Co. v. CazeauxSupreme Court of Louisiana · 1915
- Succession of FeitelSupreme Court of Louisiana · 1933
- Female Orphan Society v. Young Men's Christian Ass'nSupreme Court of Louisiana · 1907
- Succession of DucloslangeSupreme Court of Louisiana · 1843
- Harper v. StanbroughSupreme Court of Louisiana · 1847
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