Foote v. Lahaye

Citations

• 115 La. 1090
• 40 So. 468
• 1906 La. LEXIS 457

Syllabus

<p>1. Gifts — Donation of Land — Pbivate Signatube — Validity.</p> <p>A donation of land under private signature is a nullity.</p> <p>2. Same — Ratification.</p> <p>The donation has not been ratified and confirmed by the donee.</p> <p>3. Same — Acceptance.</p> <p>The donee did not go into actual possession. There never was an express acceptance of the donation.</p> <p>4. Estoppel — Acquiescence—Sale by Shebiff.</p> <p>The property was sold at sheriff’s sale (about nine years before the trial.) The heirs of the donee (plaintiffs) knew of the sale and raised no objection.</p> <p>5. Same.</p> <p>The title of the property passed to third persons, who have the right to set up title in opposition to plaintiffs’ title, which was null and void, and which was never ratified in manner required.</p> <p>■* (Syllabus by the Court.)</p>