Gougenheim's Heirs v. Ermann

Citations

• 118 La. 577
• 43 So. 170
• 1907 La. LEXIS 766

Syllabus

<p>1. Deeds — Consideration — Presumption — Prejudicial Delay.</p> <p>The parties to the act attacked had departed this life at the date that the suit was brought.</p> <p>2. Same — Motive.</p> <p>No one knows with reasonable certainty the motives of the parties to this act.</p> <p>3. Same — Consideration.</p> <p>After these many years, over eight years after the death of the vendor, whose act is attacked, and after the death of the vendee, in the absence of proof of fraud, there is au absolute presumption of adequate consideration.</p> <p>4. Cancellation oe Instruments — Vendor was Entirely Sui Juris.</p> <p>The right transferred was a personal right. The vendor was in the possession of his mental faculties. He was an old man; not superannuated. He knew very well what he was doing.</p> <p>5. Same — Stale Demand.</p> <p>If lie acted without sufficient knowledge of the business in which he had an interest, and he abandoned it without adequate consideration, objection to the act is not timely.</p> <p>(Syllabus by the Court.)</p>