Chase v. McCay
Cases that cite this one
3 later published cases cite this decision.
- LeBlanc v. American Emp. Ins. Co. (La. Ct. App. 1979)
- Platt v. Schreyer (U.S. Circuit Court for the District of Southern New York 1885)
- Dowell v. Applegate (District Court, D. Oregon 1883)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an action to annul a donation of certain immovable property in the town of Clinton, Louisiana, made by a mother to her daughter in consideration of her affection for and indebtedness to the donee, and to subject said property to the judicial mortgage of plaintiff.
The evidence shows that plaintiff’s claim existed prior to the date of the act of donation, and that upon issuing an execution on his judgment, obtained shortly after said date, no property, in the name of the judgment debtor, could be found and the execution was returned unsatisfied. We consider the act in question to be a gratuitous donation, notwithstanding the recital of indebtedness therein, as it does not1
As such it is presumed to he fraudulent, C. C. 1975, and it was incumbent on the defendants and appellants to show that the donor had sufficient property, at least, to satisfy plaintiff’s demand.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.