Hurst v. W. B. Thompson & Co.

Citations

• 118 La. 57
• 42 So. 645
• 1906 La. LEXIS 833

Syllabus

<p>1. Execution — Levy—Injunction.</p> <p>Thompson & Co., judgment creditors of 'Thomas W. Hurst, seized certain real estate •as belonging to him which was in the possession of the wife and children of Hurst, under a donation to them by his mother. The donees •enjoined the sale. The district court perpetuated the injunction. That judgment is affirmed.</p> <p>2. Gift — Validity—Possession.</p> <p>The donees were living, at the time of the donation, with the donor, and possession followed the title. The son had no interest in the property, and no rights to urge against the •donation. He had received from his mother more than his share in the mother’s succession, and there was no legal obstacle standing in the way of his mother giving the property to whom she pleased. No one having a legal interest to attack the donation has done so, and, until successfully attacked by parties having a legal interest so to do, it should remain undisturbed. The debt due to the seizing creditor had its origin long after the donation, and long-after the opening of the succession of the donor.</p> <p>3.Husband and Wife — Community Property-Donation to Wife.</p> <p>A donation, made specially and separately to the wife, does not fall into the community. The provisions of article 2402 of the Civil Code do not apply to such a case. Legal presumptions do not extend from the special cases provided for to others not enumerated. The property in this case was not purchased, nor was the donation made jointly to the husband and the wife.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 26. Husband and Wife, § 893.]</p> <p>(Syllabus by the Court.)</p>