presumptive rule in Louisiana

2009A copy of the resolution and proof of publication as required herein shall be attached to each act effectuating the transaction. [5] Cf. Fluker, 419 So.2d at 448 where the supreme court concluded that "the presumptive rule of majority control of use of [the property] has been overcome in favor of the hierarchical organization by provisions contained in the discipline and in the deed of acquisition." (Emphasis added.) [6] See La.

2009Cf. Fluker, 419 So.2d at 448 where the supreme court concluded that "the presumptive rule of majority control of use of [the property] has been overcome in favor of the hierarchical organization by provisions contained in the discipline and in the deed of acquisition." (Emphasis added.) .

1997That is the approach correctly taken by this Court in State v. Silva, 96-0407 (La.App. 4th Cir. 9/3/97), 699 So.2d 487 .

1997We are aware that the Louisiana Second Circuit Court of Appeal in State v. Wilson, 28,403 (La.App. 2 Cir. 8/21/96), 679 So.2d 963 has taken the identical approach we are taking in this case, and has because of the presumptive error of law, reviewed the transcript of the competency hearing de novo to determine whether the defendant proved by a preponderance of the evidence that he was not competent to proceed to trial.

1982See, Bourgeois v. Landrum, 396 So.2d 1275 (La.1981); Katz v. Singerman, 241 La. 103 , 127 So.2d 515 (1961); Wilkerson v. Battiste, 393 So.2d 195 (La.App. 1st Cir. 1980); see also, Hargrave, supra. Louisiana has legislatively adopted a presumptive rule of majority representation with respect to alienation or encumbrance *448 of an unincorporated non-profit association's immovable property defeasible upon a showing of a contrary intention in its constitution, charter, by-laws, rules or regulations under which it is organized, governed, and exists.

1982See, Bourgeois v. Landrum, 396 So.2d 1275 (La.1981); Katz v. Singerman, 241 La. 103 , 127 So.2d 515 (1961); Wilkerson v. Battiste, 393 So.2d 195 (La.App. 1st Cir. 1980); see also, Hargrave, supra. Louisiana has legislatively adopted a presumptive rule of majority representation with respect to alienation or encumbrance *448 of an unincorporated non-profit association's immovable property defeasible upon a showing of a contrary intention in its constitution, charter, by-laws, rules or regulations under which it is organized, governed, and exists.

1982See, Bourgeois v. Landrum, 396 So.2d 1275 (La.1981); Katz v. Singerman, 241 La. 103 , 127 So.2d 515 (1961); Wilkerson v. Battiste, 393 So.2d 195 (La.App. 1st Cir. 1980); see also, Hargrave, supra. Louisiana has legislatively adopted a presumptive rule of majority representation with respect to alienation or encumbrance *448 of an unincorporated non-profit association's immovable property defeasible upon a showing of a contrary intention in its constitution, charter, by-laws, rules or regulations under which it is organized, governed, and exists.

1959The presumption of intent to defraud under the statute is prima facie and rebuttable and, therefore, does not deprive an accused of the opportunity to submit all the facts bearing upon the issue.” 177 La. at page 432 , 148 So. at page 669 .

1959The presumption of intent to defraud under the statute is prima facie and rebuttable and, therefore, does not deprive an accused of the opportunity to submit all the facts bearing upon the issue.” 177 La. at page 432 , 148 So. at page 669 .