Thielman v. Gahlman

Citations

• 119 La. 350
• 44 So. 123
• 1907 La. LEXIS 481

Syllabus

<p>1. Descent and Distribution — Rights oe Collateral Heirs — Contract oe Ancestor.</p> <p>Collateral heirs have no standing to attack for fraud, or as simulated, or as a donation made-in violation of Civ. Code, art. 1497, a contract made by their de eujus and fully executed by the other contracting party.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig-vol. 16, Descent and Distribution, §§ 208-210.],</p> <p>2. Contracts — Executory Contracts — Validity — Consideration.</p> <p>A conveyance of property (where the grantor reserves enough for his support), the consideration of which is the obligation of the-grantee to provide the grantor with a home during his life, and to bury him, when dead, is an aleatory contract, which, save under exceptional circumstances, is not open to attack for lesion, and, though neither a sale nor a donation, cannot, after having been fully executed by the grantee, be successfully assailed by the collateral; heirs of the grantor on the ground that such contract is unknown to our law.</p> <p>(Syllabus by the Court.)</p>