Alfonso v. Alfonso

160 So. 2d 294

 

RULE:

The rights granted under the provisions of La. Civ. Code Ann. art. 2404 can only be invoked by the wife.

FACTS:

The father sold all of the property owned by the community which existed between him and his wife to his daughter. Subsequently, the father remained on the property, and continued to farm same as he had done prior to the sale. Subsequently, the mother transferred certain parcels of this property to the daughter's sister and brothers, except the son. A lease was executed by the daughter to her father in regard to the subject properties. The son brought suit to annul the transfer of property. The mother died. The son alleged that the sale from the father to the daughter was no more than a donation in disguise where the father divested himself of all the community property to the prejudice of the son, a forced heir, and, sought to have this allegedly simulated sale, as well as all subsequent sales, annulled. The trial court dismissed the son's suit.

ISSUE:

May a wife commence action under La. Civ. Code Ann. Art 2404?

ANSWER:

Yes.

CONCLUSION:

The court held that the son did have a right to attack the sale as a disguised donation insofar as any interest of his mother passed, but that any interest of the father that passed therein, however, could have not been attacked until after the death of the father under La. Civ. Code Ann. arts. 2404, 2444.

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