Lessons from the Denney Collection:

Extra Notes about Alberto Burri's Sacco IV

Burlap, cotton, vinavil glue, silk and paint on black cotton backing. Signed and dated in red on reverse side top right : Size 114 x 76 cms : Provenance Galerie Stadler, Paris 1956 : Exhibited : Galerie Stadler 'Expressions et Structures' 1956: A.I.A. Gallery London 'Pictures without Paint' Nov 1957, No 42 in catalogue : Royal Academy Exhibition 'Italian Art in the 20th Century' Spring 1989 : Illustrated in Concise History of Modern Painting by Herbert Read, Thames & Hudson 1959 Colour illustration page 285. Illustrated in Burri Foundation Systematic Catalogue (1990) as no. 256 page 68 attributed to a London private collection ; Placed on long term loan to Dallas Museum of Art in 1970, Acquisition No Dallas 5.1970. Last diplayed Toulouse Refectoire des Jacobin, Jan 1994.

Sacco IV 1954 by Alberto Burri is probably the best known and best documented work in the Denney Collection. It was purchased by Anthony Denney from the Stadler Gallery in Paris in 1956. For many years Denney displayed the picture in his London home (See L'Oeil Magazine No 54 June 1959 page 78).

When Denney moved permanently to Spain in 1970, Sacco IV was one of thirty pictures lent to the Dallas Museum of Art. It was lent on from the DMA, with the agreement of the owner, to the Italian Art in the 20th Century exhibition, held at the Royal Academy in London in 1989. It features as Plate 165 in 'Italian Art in the 20th Century - Painting and Sculpture 1900-1988', edited by Emily Braun and published by Prestel Verlag Munich and the Royal Academy.

It was sent on, apparently on the instruction of the owner, to Mme Anthony Denney, 29 Rue des Ste Peres, Paris at the end of the exhibition. (Reference : Royal Academy exhibition files.)

The picture reappeared in 1991 as a candate for purchase by the City of Toulouse from an anonymous owner for a price of 2 million French Francs. (Ref 23) (Note: Value for insurance purposes in 1987 was £287,000).

Provenance claimed for Sacco IV The picture was displayed in the 'Donation Denney' Exhibition in the Refectoire des Jacobins Toulouse early in 1994. Its provenance was described as: "Collection Madame Celia Denney (Proposition d'achat)". However, this attribution of ownership to the widow by the City of Toulouse does not appear to be supported by documentary evidence. It it is reasonable to assume that the picture has never left Anthony Denney's estate.

The proposed purchase of Sacco IV by the City of Toulouse appears to undermine the claim that the donation is truly a gift and therefore cannot be refused withou betraying the interests of the citizens. It has been treated as a matter of public concern by the Toulouse Press.

Because the picture appeared to be the subject of appreciable risk of being sold to the City of Toulouse, the Denney children were advised to take interim conservatory action in the French courts. They failed in this action. The view taken by the French Courts was:

(1) the Denney children had failed to justify any apparent right on the succession of their father, because the Spanish decision in their favour at First Instance was subject to appeal and had not yet been validated;

(2) there was no serious risk of the picture disappearing because of the media coverage surrounding the proposed acquisition of the picture by the City of Toulouse;

(3) applying article 2279 of the Civil Code "en fait de meubles possession vaut titre" (possession gives title), possession by the widow was unequivocal, which overturned all appearance of right in favour of the demandants.

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