Ardis & Co. v. Theus
Supreme Court of Louisiana
APPEAL from the Second Judicial District Court for the Parish of Bienville. Watkins, J. The creditor of the husband can not question the form or validity of a donation to the wife. 2 La. 40; 3 An. 610; 22 An. 487; 36 An. 219, 748. A donation of immovable property may be made and stand good against creditors, when the father deeded the property to the husband and gave the price to the daughter. 2 La. 40; 17 An. 230; 22 An. 487; 26 An. 594; 32 An. 432. Parol evidence…
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APPEAL from the Second Judicial District Court for the Parish of Bienville. Watkins, J. The creditor of the husband can not question the form or validity of a donation to the wife. 2 La. 40; 3 An. 610; 22 An. 487; 36 An. 219, 748. A donation of immovable property may be made and stand good against creditors, when the father deeded the property to the husband and gave the price to the daughter. 2 La. 40; 17 An. 230; 22 An. 487; 26 An. 594; 32 An. 432. Parol evidence admissible to show that money advanced to the husband was really intended as a donation to the wife. 22 An. 97; 27 An. 465; 10 R.…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
These suits were consolidated, but it seems that we have only to deal with a transfer or sale of certain property made by defendant, Theus, to his wife.
We need not notice the facts as to the insolvency of the husband and the attendant alleged suspicious circumstances of the sale by the *1438husband to the wife. These facts may exist and the sale to the wife to replace her paraphernal property converted by the husband be legal and valid.
As repeatedly stated by this court the essential facts to maintain the validity of the dation are the real…
2Cited by4 opinions
- People's Nat. Bank v. VoorhiesSupreme Court of Louisiana · 1914
- Jones v. ThibodauxSupreme Court of Louisiana · 1940
- Miller v. MillerSupreme Court of Louisiana · 1957
- Miller v. MillerSupreme Court of Louisiana · 1957