Meyer v. Glathery

Louisiana Court of Appeal

Meyer v. Glathery

1 Gunby 22

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 22 (Meyer v. Glathery) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meyer v. Glathery, 1 Gunby 22 (La. Ct. App. 1885).

Pincite

Opinion

Mayo, J.

A sale without deliver}' has no effect as to third persons; and where the vendor remains in possession, the sale is presumed to be a fraudulent simulation.

2. The law does not require sales of personal property to be in writing or recorded, and such unnecessary formalities, so far from strengthening the title, only excite suspicion.

3. The fact that intervenor did not testify and swear to the payment of the price and to the bona fides of the transaction attacked, when she could easily have done so, if such were the truth, furnishes a strong presumption against her.

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Mayo, J.

A sale without deliver}' has no effect as to third persons; and where the vendor remains in possession, the sale is presumed to be a fraudulent simulation.

2. The law does not require sales of personal property to be in writing or recorded, and such unnecessary formalities, so far from strengthening the title, only excite suspicion.

3. The fact that intervenor did not testify and swear to the payment of the price and to the bona fides of the transaction attacked, when she could easily have done so, if such were the truth, furnishes a strong presumption against her.

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Bluebook (online)

1 Gunby 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-glathery-lactapp-1885.