Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 45

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 45

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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. 1845 edition. Excerpt: ... decisions of the French Courts, by which the opinion of Toullier has been condemned: see Deloincourt, I Vol_ p. 238, notes 2 and 3. Grenier, Traite des Donations, I Vol.p. 206, No. 57 ter. Duranton, 8Vol. p. 411, No. 389. Solon, Traite des Nullites, 2 Vol. Nos. 355 and 356. Merlin's Repert. 17 Vol. 603 and 604. Boileau, Rogron and Paillet's Commentaries on art. 1339 of the Napoleon Code. 23 Sirey 1 P. p. 4. Dalloz, 1825, Part 2, p. 76 and 1832, p. 39. Biret, Traite des Nullites 1 Vol. p. 357. But the question is not, res nova, even in this court. In 4 Mart. N. S. 464, and in 3 Robinson, 194, we held, that a donation of slaves, void for want of an estimate of them signed by the donor and donee, as required by article 48, p. 218 of the old Code, was not rendered valid by the tradition or delivery of the slaves. These cases were much stronger than the'present; in them, the donation was passed before a Notary Public, and two witnesses, and was duly accepted; it was wanting only in the formality of the appraisement required by l aw. It is, therefore, ordered that the judgment of the District Court be reversed; and itis ordered and decreed, that the lot in Magazine Street, between Poydras and Lafayette Streets, as described in the inventory of the estate of the late Alice Packwood, be, and it is hereby declared, to belong to the community of gains and acquets, heretofore existing between her and the plaintiff, S. Pack wood; and it is further ordered that this case be remanded for further proceedings in the partition prayed for, the appellees to pay the costs of both courts, so far as they relate to this controversy. Lockelt, Micou, and A. Hennen, for the appellant. Rosalius, for the defendants. Where...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236778111
  • 9781236778116