Radovich v. Jenkins

Citations

• 123 La. 355
• 48 So. 988
• 1909 La. LEXIS 709

Syllabus

<p>1. Fraudulent Conveyances (§ 281*) — Simulated Sale — Retention of Possession — Presumptions.</p> <p>Where the seller remains in possession by virtue of a reservation of the right of occupancy for life, the sale is presumed prima facie to be simulated. Rev. Civ. Code, art. 2480.</p> <p>[Ed. Note. — For other cases, see Fraudulent Conveyances, Cent. Dig. § 800; Dec. Dig. § 281.*]</p> <p>2. Husband and Wife (§ 207*) — Community Property — Rights of Husband — Donations.</p> <p>The husband can make no conveyance inter vivos of the immovables of the community, by a gratuitous title, unless it be for the establishment of the children of the marriage. Rev. Civ. Code, art. 2404.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig. § 930; Dec. Dig. §' 267.*]</p> <p>3. Husband and Wife (§ 267*) — Community Property — Rights of Purchaser.</p> <p>The pretended purchaser in a sham sale has no standing to urge that the judgment of nullity should be restricted to the half interest of the wife in the property, especially when the administrator of the husband’s succession had joined in the demand of nullity. A sham sale produces no legal effect.'</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig. § 934; Dec. Dig. § 267.*] (Syllabus by the Court.)</p>