New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-03

example, when a thing has been sold, an
is afterward bequeathed TO the same persol
by the owner.
ART. $50 1851. Neither the father no
mother having the legal usufruct of tn
estate of their children, nor the seller, no
the donor, under the reservation of the usu
fruct, is required to give this security.
ART. $50 t574J. The legacy of anannuit,
or alimony left by a testator is to be who'll,
| acquitted by the universal heir or legatee o
| the usufruct, and must be acquitted by TIT
heir or legatee on an universal title, in pro
| portion to his enjoyment, without any CLAIM
| whatever to reimbursement on their part
ART. 121l [l205l. The counsel to the alb
sent heirs, who is appointed by the judge o
| the place where the succession is opened
must, If possible, be an attorney admitted
| to practice in the courts of this State, anC
| 1t is his duty to represent the absent heirs
not only in the inventory, but in all the acts
required by law to be done.
ART. 1903 1871. The action of partition
will not only be between co-heirs and co
legatees, but between all persons who hold
property in common, from whatever cause
they may hold in common.
ART. 1468 [l454l. A donation inter riroS
between living persons) is an act by which
the donor divests himself at present and lr-
revocably of the thing given, in favor OF the
donee who accepts it,
ART. 1868 1861. In case of revocation or
RECESSION on account of the non-executiOn of
the conditions, the property shall return to
the donor free from all membranes or
mortgages created by the donee, and the
donor shall have, against any other persons
possessing the immovable property given,
all the rights that he would have against
the d0nee himself.
ART. 1881 [l5741. A nuncupative tesla
ment, under private signature, must be
written by the testator himself, or by any
other person from his dictation, or even by
one of the witnesses, in presence of five wit
nesses residing in the place where the will
is received, or of seven witnesses residing
out of that place.
Or it will suffice If, in the presence of the
same number of witnesses, the testator pre-
sents the paper on which he has written his
testament, or caused it to be written out of
their presence, declaring to them that that
paper contains his last will.
ART. 1889 1881. Erasures not approved
by the testator are considered as not made,
and words added by the hand of another as
not written.
If the erasures are so made as to render
it impossible to distinguish the words GOV.
cred by Them, it shall be left to the dis
erection of the judge to declare if he con-
siders them important and in this case only
to decree the nullitv of the testament
ART. 1923 [l722]. If the partition, whether
inter riuOs or by testament be not made
among all the children living at the time of
the decease and the descendants of those
predeceased, the partition shall be null and
void for the whole the child or descendant
who had no part in it may require a new
partition in legal form.
ART. 174l [l734l. Donations made to the
husband or the wife, on the terms of articles
1875 and 1877, fall, if the donor survive the
donee and his or her posterity.
ART. 1924 [l78Sl. A person, who, being ig-
norant of the incapacity of one unable to
contract, shall make an agreement with such
person, may, Immediately after he has dis
covered the incapacity, call on the party. if
the incapacity has ceased, or on the person
having the legal administration of bis af-
fairs, ii it have not, to confirm or annul the
contract and if it be a contract of such kind
as the administrator might have made, then
his assent shall confirm it, or his dissent shall
free the contracting party from the obliga-
ton on his part. If the assent of family
meeting would have been necessary to all
thorize the contract, it may be called, on
the application of the party, and their de-
clslOn shall have the same effect in confirm
ing or invaldating the contract, that it
would have had on its formation.
ART. 1874 [lS3Sl. The error bears on the
substantial quality of the object when such
quality is that which gives it its greatest
value. A contract relative to a vase, sup
posed to be of gold, Is void, if it be only
plated with that metal.
ART. lOl5 [l940l. Legal agreements hav-
ng the effects of law upon the parties. none
lut the parties can abrogate or modify !
hem. Upon this principle are established |
he following rules:
FIrst-That no general or special legislat- !
We act can be so construed as to avoid or |
Modify legal contract previously made;
Second-Ihat courts are bound to give |
egal effect to all such contracts, according |
o the true intent of all the parties;
Thlrd-That the intent is to be deter |
mined by the words Of the contract, when |
hese are clear and explicit and lead to no
bsurd consequence;
Fourth-That it is the common intent of |
he parties-that is, the intention of
ll-that is to be sought for; if there was a
Inference III this intent, there was no com
non consent and, consequently, no con-
ract.
ART. 1857 1852. In doubtful case the
greement is interpreted against him who
as contracted the obligation.
ART. 2O6l (2056l. Where the term, re-
erred to In the contract, consists of one or
lore years, the calendar year shall be pre-
lmed to have been intended.
ART. 1913 [22l5l. The confusion that
axes place In the person of the principal
ebtor, avails his srreties.
mat winch takes place in the person of
he surety does not operate the extinction of
lie principal obligation.
That which takes place in the person of
he creditor, avails his co-debtors in solido
ally for the portion in which he was debtor.
ART. 1886 [2363l. When the paraphernal
roperty is administered by the husband. or
Y m nd ha IA Il IL |
this property, whether natural, civil, or
e result of labor, belong to the conjugal
srtnershlp, II there exists community of
llns. II there do not, each party enioys |
he chooses, that which comes to his
lnds; but the fruits and revenues, which
e existing at the dissolution of the mar
age, belong to the owner of the things
hich produce them.
ART 2495 PAIL There can be neither
crease nor diminution of price on account
disagreement in measure, when the object
designated by the adjoining tenements,
Id sold from boundary TO boundary.
ART. 2o66 l2344I. Besides the causes of
llllty or dissolution of the sale already
in this title, and those which are
inmon to all agreements, the contract of
lie may be cancelled by the use of the
wer of redemption, and by the effect of
e lesion beyond moiety. :
AK. <o9l %oo9J. Ii IL should appear that
e lmmovable estate has been sold for less
an one-half its just value, the purchaser l
ny either restore the thing and take back
e price which he has paid, or makeup the
st price and keep the thing.
ART. 1868 [2635]. The rescission on ac- -
unit of lesion beyond moiety takes place
len one party gives immovable property
the other in exchange for movable prop
ty; in that case the person having given
e lmmovable estate may obtain a resets .
if tba IL, 1 d