Louisiana Reports Volume 104

Louisiana Reports Volume 104

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ... in point of fact, such, but a settlement between the parties, and a donation en palement, which the minors, on reaching majority, accepted and ratified. The acquittance, like the act of annulment, was also given merely to facilitate the sale of the property, and to free it from the general mortgage with which it would be incumbered by registry of the tutorship, --by the annulment of the donation. There was unquestionably a large indebtedness due to Clement B. Penrose and George B. Penrose by their mother at the time of the act of donation and at the time of the act of acqulttance, an indebtedness larger than the value of seven-eighteenths of the property. When the act of donation was set aside, this indebtedness revived with the evident intention at the time of the acquittance on the part of the parties to be at once again extinguished through receipt by the sons of the price of the sale of the property to Borles. The sons did in fact receive the price of the whole property arising from the sale. For no part was it received, in our opinion, as a donation from their mother. The property in it entirety was sold by Mrs. Lanphier, Clement B. Penrose, and George B. Penrose to Bernard Bories on the 26th of May, 1885, for $3,920. We have next to consider the claim of the '391 defendants that the furni'ture in the Camp street property belongs to the community between Mrs. Lanphier and her second husband, James S. Lanphier, and not to her separate esta.te. The claim was rejected on the ground that James S. Lanphier had on the verified schedule of his individual bankruptcy made a return that he was possessed of "household goods, wearing apparel, furniture, etc., valued at $125, claimed to be exempt." The court was of opinion...show more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236782534
  • 9781236782533