The dispute in Lyons v. Fisher' had its genesis in the 1968
donation of immovable property by a mother to her son and
daughter in indivision. In the act of donation, the mother reserved
a mineral servitude over the property donated. The next day, the
son and daughter "sold" the usufruct of this property to their
mother for ten dollars and "other good and valuable consideration
and services rendered." In 1972, the daughter conveyed her interest
in the property to her brother, at the same time reserving a
mineral servitude. Three years later, in 1975, the mother died intestate,
survived only by the son and daughter, who thus inherited
her estate in indivision. In 1985, a dispute arose between the son
and the heirs of the daughter as to the ownership of the mineral
rights pertaining to the property.
Plaintiffs, the heirs of the daughter, contended that the 1968
donation and reciprocal sale of the usufruct were invalid as being
in violation of former Louisiana Civil Code article 1533. Prior to
1974, article 1533 provided: "The donor is permitted to dispose, for
the advantage of any other person, of the enjoyment or usufruct of
the immovable property given, but cannot reserve it for himself."'3
Accordingly, argued the plaintiffs, the mother retained full ownership
of the property until her death in 1975, at which point the two
children inherited her interest. Also at this point, argued the plain-