Lucien v. Dupree
Louisiana Court of Appeal
185 So. 3d 107 (2016)
- Written by Robert Cane, JD
Facts
Robert Lucien (plaintiff) and William Dupree (defendant) entered a partnership agreement. The agreement granted Dupree the authority to act as managing partner of the partnership. At some point, the partnership bought real estate comprising 67 lots. After the partnership failed to pay taxes on the 67 lots, the lots were sold at tax sales, or tax-deed sales. Sapphire Land Company, LLC (Sapphire) acquired some of the partnership’s lots at tax sales. Sapphire sought a quitclaim deed for the lots from Dupree in his capacity as managing partner of the partnership. However, the partnership had already dissolved by this time. Further, Dupree expressed to Sapphire that he believed the partnership no longer owned any interests in the lots. Regardless, Dupree executed the quitclaim deed on behalf of the partnership in exchange for $1,000. Subsequently, Lucien sued Dupree and Sapphire, alleging that the sale of the lots had been fraudulent because the partnership had been dissolved, so Dupree did not have authority to act on behalf of the partnership. Lucien also argued that $1,000 was an extremely low price for such valuable land, so the conveyance was actually a donation in disguise from Dupree to Sapphire. The trial court granted summary judgment in favor of Dupree. Lucien appealed.
Rule of Law
Issue
Holding and Reasoning (Lolley, J.)
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