Legal Opinion

Pugh v. Cantey

Supreme Court of Louisiana

Decided May 15, 1881No. 8135PublishedCited by 5 opinions

APPEAL from the Twenty-second Judicial District Court, parish of Ascension. Oheevers, J. First — On the 21st; of October, 1868, a donation inter vivos was made on certain express condi • tions and stipulations set out in tbe act by tbe late J. B. Futch to defendant, Mary Jane Cantey, of notes to tbe amount of §6256 98 made by John X). Cantey, ber busband, and secured by vendor’s lien and privilege on bis property.

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APPEAL from the Twenty-second Judicial District Court, parish of Ascension. Oheevers, J. First — On the 21st; of October, 1868, a donation inter vivos was made on certain express condi • tions and stipulations set out in tbe act by tbe late J. B. Futch to defendant, Mary Jane Cantey, of notes to tbe amount of §6256 98 made by John X). Cantey, ber busband, and secured by vendor’s lien and privilege on bis property. (31. page 87). Tbe principal and most essential condition of tbe donation was that tbe donee should pay annually to tbe donor, or in case of bis death to Matilda Postian (who was a…

1Opinion of the Court

Tha opinion of the Court was delivered by

Roché, J.

This is an action to annul a donation inter vivos for noncompliance with the conditions imposed on the donee, and grows out of the following facts:

On the 21st of October, 1868, J. B. Eutch made a donation to the defendant of certain promissory notes amounting together to some $6256, held by the donor and due by J. D. Cantey, defendant’s husband. By the act of donation the notes were to be placed in the custody of a third . *791party, and were to be delivered to the donee, as her absolute property, on her fulfilling certain conditions, which were…

2Cases cited1 opinion

  1. Muntorf v. MuntorfSupreme Court of Pennsylvania · 1828

3Cited by5 opinions

  1. Lewy v. WilkinsonSupreme Court of Louisiana · 1914
  2. Whitman v. WhitmanSupreme Court of Louisiana · 1944
  3. Miguez v. DelcambreSupreme Court of Louisiana · 1910
  4. Thompson v. Société Catholique D'Education Religieuse Et LitteraireSupreme Court of Louisiana · 1924
  5. Rudolf v. CostaSupreme Court of Louisiana · 1907

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