The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1871-06-10

On the other hand, nothing prevents
a thing due 10 person under one title
from being also due to him under another,
as for example, when thing has been
sold, and is aitcrward bcQueathcd to tire
same person by the owner.
ART. $50 1881. Neither the father nor
mother having the legal usufruct of the
estate Of their children, nor the seller, nor
the donor, under the reservation of the usu-
truct, IS required to give this security.
ART. $50 574l. The legacy of an annuity
or allmony left by q testator is to be Who'll
ly acquitted by the universal heir or lcga-
tee Of the usufruct and must be acquitted
by the heir or legatee on an universal title,
in proportion to his enjoyment, without
any claim whatever to reimbursement on
their part.
ART. 1911 1905 The counsel to the ab-
sent heirs, who is appointed by the Judge
of the place where the succession is opened
must, if possible, be an attorney admitted
to practice in the courts of this State, and
it 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. 1908 1881 |. The action of partition
will not only be between co-hers and CO.
legatees, but between all persons who
hold property in common, from whatever
cause they may hold in common
ART. 1868 1864. A donation inter a.
ros (betWeen living persons) is an act by
which the donor divests himself at present
and irrevocably of the thing given, in favor
of the donec who accepts it.
ART. 1865 1861. In case of revocation
Or RECESSION on account of the non-exccu-
ton of the conditions, the property shall
return to the donor free from all incum-
branccs or mortgages created by the donec
and the donor shall have, against any other
persons possessing the immovable property
given, all the rights that he would have
against the donee himself
ART. 1851 1874 a nuncupatiye tcsta-
mcnt, under private signature, must be
written by the testator himself, or bv any
other person from his dictation, or even by
one of the Witnesses in presence of five
witnesses residing in the place where the
will is received, or of seven witnesses re-
siding out of that place.
Or it will suffice if, in the presence of
the same number Of witnesses the tcstator
presents the paper on which he las written
out of their presence, declaring to them
that that paper contains his last will.
ART. 1889 1882. Erasures not approved
by the tcstator arc considered as not made,
and words added by the hand of another as
not written. -
Ii the crasures are so made as to render
it impossible to distinguish the words coy-
cred by them, it shall be left to the dis
cretion of the Judge to declare if he con-
-sidHrs them important, and in this case
only to decree the nulity of the testament.
ART. 1879 l1722l. If the partition,
whether inter riuos or by testament, be
not made among all the children living at
the time Of the dccease and the dcscen-
dants Of those predcceased, the partition
shall be null and void for the whole: the
child or descendant who had no part in it
may require new partition in legal form.
ART. 174l 1884 Donations made to
the husband or the wife, on the terms of
articles 1876 and 1877. fall, if the donor
survive the donee and his or her posterity.
ART. 1894 1885, A person. who, being
| ignorant of the incapacty Of one unable to
contract, shallm an agreement with such
person, may, Immediately alter he has dis
covered the incapacity, call on the party, if
the incapacity has ceased, or on the person
having the legal administration of his affairs,
if it have not, to confirm or annul the con-
tract; and if it be 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
obligation on his part. If the assent of
family meeting would have been necessary
to authorize the contract, it may be called,
on the application of the party, and their de-
cision shall have the same effect in confirm
ing or invalidating the contract that it
would have had on its formation.
ART. 1874 1881. 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. 1915 [la4oL Legal agreements
having the effects of law upon the parties,
none but the parties can abrogate or modify
them. Upon this principle arc established
the following rules; ?"
Flrst-Ihat no general or special legis1a
tive act can be so construed as to avoid or
modify a legal contract previously made;
Second-That courts are bound to give
legal effect to all such contracts, according
to the true intent Of all the parties;
Third-That the intent is to be deter
mined by the words of the contract, when
these are clear and explicit and lead to no
absurd consequence;
Fourth-That it is the common intent of
the parties-that is, the intention of all
that is to be sought for; if there. was df.
ference in this intent, there was no common
consent and, consequently, no contract.
ART. 1867 1852 |. In doubtful case the
agreement is interpreted against him who
has contracted the obligation. So. .,..
ART. 206l E205Gl. Where the term, re-
ferred to in the contract, consists of ono or
more years, the calendar year shall be pre-
snmed TO have been intended.
ART. 221s' T2215l The confusion That
takes place in the person of the principal
debtor, avails his sureties
| That which takes place in the person OF
the surety does not operate the extinction
of the principal obligation. A.. ..E,- .....ss. =.
That which takes place in the person OF
the creditor, avails his codebtors 10 soiido
only for the portion in which he was debtor.
| ART 1886 i2368L When the paraphernal
property is administered by the husband,
or by him and the wife indiferenty, the
fruits of this property, whether natural,
civil, or the result Of labor, belong to the
conIugal partnership, If there exists com
munty of gains. If there do not, each par
ty enjoys, as he chooses, that which comes
to his hands; but the fruits and revenues