Leverett v. Loeb

Citations

• 117 La. 310
• 41 So. 584
• 1906 La. LEXIS 694

Syllabus

<p>1. Husband and Wife — -Intebspousai, Donations — Revocation—Peesceiption.</p> <p>Civ. Code, art. 1749, must be construed with Civ. Code, art. 3478, and, so construed, must be held to mean that interspousal donations shall always be revocable save as against third possessors acquiring property by the prescription of 10 years.</p> <p>[Ed. Note. — For cases in point, see vol. 26, Cent. Dig. Husband and Wife, §§ 925-928.]</p> <p>2. Peesceiption — Sheeiff’s Deed.</p> <p>A sheriff’s deed, valid in form and translative of property, showing a sale made under a writ issued pursuant to a judgment of a competent court, together with such writ and judgment, constitute a just title, which, may serve as the basis of the prescription of 10 years, acquirendi causa.</p> <p>[Ed. Note. — For cases in point, see vol. 1, Cent. Dig. Adverse Possession, §§ 445, 446.]</p> <p>3. Same — Peesumption of Good Faith.</p> <p>Whether the mortgagee and adjudicatee has examined the title of his debtor and has thereby, or otherwise, informed himself of its defects, is a question of fact, and, in the absence of affirmative proof on the subject, he is entitled, for the purpose of the plea of the prescription of 10 years, acquirendi causa, to the benefit of the presumption of good faith, established by Civ. Code, art. 3481.</p> <p>(Syllabus by the Court.)</p>