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 of the Court
The opinion of the court was delivered by
Miller, J.
The plaintiff, Philomene Francoise Fontenot, sues to annul an alleged donation inter vivos of her property to the defendant, Jean B. Manuel. The grounds are, that in so far as the donation purports to convey more than the usufruct during her life of the property, it was executed in error; that as a donation it is null because it does not profess to divest her of the property and no delivery was made, and that its provisions are contrary to law; in the event that the donation is maintained as of the usufruct, then the answer claims it should…
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