Reinerth v. Rhody

Citations

• 52 La. Ann. 2029

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss the Appeal.</p> <p>The value ,of the property as shown by the preponderance ot proof brought the case within the limits of the appellate of the Supreme Court jurisdiction.</p> <p>On the Merits.</p> <p>3 sale without a price fixed and determined by the parties, not binding as a sale, may yet be binding as a donation, if it does not contain anything contrary to public order and no injury results to others.</p> <p>■.TRe act was not simulated, and, therefore, did not fall witlilu the grasp of Statute 5 of 1884. The contract was a gratuitous donation which the owner had the right to make if it did not trench on the right of the forced heir. The undue influence charged to have been exercised by the donee over the donor is not sustained by preponderance of testimony, and, therefore, the suit falls on that score also.</p>