RUTHERFORD v. RUTHERFORD

No. 5613.

338 So.2d 319 (1976)

Elizabeth RUTHERFORD, Executrix of the Succession of Joe P. Rutherford, Plaintiff and Appellee, v. J. W. RUTHERFORD, Jr., Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 4, 1976.

Writ Granted January 12, 1977.


Attorney(s) appearing for the Case

Brame, Bergstedt & Brame, by David A. Fraser, Lake Charles, for defendant-appellant.

Jones, Jones & Alexander, by Jerry G. Jones, Cameron, for plaintiff-appellee.

Before CULPEPPER, DOMENGEAUX and GUIDRY, JJ.


CULPEPPER, Judge.

This is an action to annul a donation inter vivos. The plaintiff is the executrix of the succession of the donor. The defendant is the donee. From a judgment annulling the donation, the defendant-donee appealed.

The substantial issues are: (1) Did the donee accept the donation? (2) Did the trial court err in excluding parol testimony offered by defendant for the purpose of proving that the donation...

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