Lawson v. Conolly

Citations

• 51 La. Ann. 1753
• 26 So. 612
• 1899 La. LEXIS 620

Syllabus

<p>Syllabus.</p> <p>' 1. A notarial act by which a father sells to his (laughter certain real estate for four thousand dollars , three thousand dollars cash and the balance represented by two notes of the vendee to her own order and by her endorsed, and secured by mortgage on the property sold, can not be set aside by the father on the ground of ingratitude and cruel treatment to him by his daughter, and that the act evidenced really a donation to her when the father has received and discounted the notes of the vendee with a third person. and the property itself has anterior to the demand for revocation passed into the hands of a purchaser in good faith. Civil Code, Article 3 562.</p> <p>2. A notarial act between father and daughter purporting on its face to be an act of sale to the daughter on terms partly cash and partly credit, represented by notes of the vendee secured' by mortgage on the property sold, can not be set aside by the father on the ground that the act evidenced in reality a donation to his daughter by which he had divested himself of everything he had, leaving himself nothing for subsistence, when the father has discounted the notes of his daughter to' a third person, and the property has passed to a third purchaser in good faith before the suit for annulment of ■.the act was instituted.</p> <p>On Reheakino.</p> <p>•One who sells property and declares in the deed that he has received ample consideration, is bound (in so far as relates to third persons) by his declaration ■ until he shows, in the manner required, and by proper .testimony, that the-asserted sale was without consideration and the declaration not in conformity -with the facts.</p> <p>A counter letter must be produced, or other'evidence duly filed, showing the unreality of the asserted sale.</p>