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· 2/27/1905

Succession of Jahraus

Citations

  • 114 La. 456
  • 38 So. 417
  • 1905 La. LEXIS 489

Syllabus

<p>DONATION OF IMMOVABLES — VALIDITY— CONCUBINAGE.</p> <p>1. Concubinage imports something more than the mere illicit commerce of a man and a woman ; it imports the maintenance of a status resembling marriage.</p> <p>2. The word “open,” in article 1481, Civ.</p> <p>Code, providing that “those who have lived together in open' concubinage are respectively incapable of making to each other any donation of immovables,” has the meaning of not secret, without concealment or disguise, plain and aboveboard; so that a concubinage maintained under the cloak of an innocent relation, and sought to be kept secret, will not give rise to the incapacity pronounced by that article.</p> <p>(Syllabus by the Court.)</p>

Judges: Breaux, Decree, Provosty

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