Rudolf v. Gerdy

Citations

• 121 La. 477
• 46 So. 598
• 1908 La. LEXIS 698

Syllabus

<p>1. Consideration — Sueeioiency — Simulation Vel Non.</p> <p>The- act attacked was not a simulation.</p> <p>2. Same — Records.</p> <p>•Even in the case of simulation, if the act be placed of record and has every appearance of the real, a third person who buys in good faith cannot be divested of his property. After many years have elapsed, the plea of prescription will be maintained.</p> <p>3. Same — Sale—Consideration—Annuity.</p> <p>An owner may sell his property, payable in installments at long intervals, and thereby transfer a valid title, although the purpose may be to provide for an annuity.</p> <p>4. Same — Annuity Less Than Rent.</p> <p>The sale of property for an annuity which is less than the annual rental of the property may none the less be a valid and binding sale. There was a serious price.</p> <p>5. Same — Third Persons.</p> <p>There was in effect a sale for a fair and valid consideration.</p> <p>(Syllabus by the Court.)</p>