Snoddy v. Brashear
Supreme Court of Louisiana
APPEAL from the District Court of Avoyelles,- King, J. cited C. C. 25S7 el seq. Pothier, Vente, nos.-332* 334. The action of lesion is limited to the original vendee. 11 Mart. The court maintains, as the basis of its opinion, that the action for rescisión on account of lesion is a persona! action, and restricted to the first purchaser.
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APPEAL from the District Court of Avoyelles,- King, J. cited C. C. 25S7 el seq. Pothier, Vente, nos.-332* 334. The action of lesion is limited to the original vendee. 11 Mart. The court maintains, as the basis of its opinion, that the action for rescisión on account of lesion is a persona! action, and restricted to the first purchaser. It admits that the question was much controverted amongst the civilians, and concedes that the “ common opinion” was favorable to its being considered as a real action. Voet and Fachinceus are stated to have entertained a contrary opinion. To understand the…
1Opinion of the Court
The following opinion of the court Waff pronounced, on the first hearing of the case, by
Rost, J.
The plaintiff sues for the rescisión of a sale of land made by her to the defendant, C. D. Brashear, on the ground of lesion beyond moiety. The petition alleges that Eliza, the wife of C. !>■ Brashear, has now the legal title, having purchased the laud át a sheriff’s sale made of it as the property of her husband. Judgment is asked against both the defendants. They filed a general denial, and C. D. Brashear set up -other grounds of defence, which it is not necessary to notice. There was judgment in…
2Cases cited1 opinion
- Jones v. PurvisSupreme Court of Louisiana · 1836
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- North American Land & Timber Co. v. WatkinsCourt of Appeals for the Fifth Circuit · 1901
- Chaffe v. Minden Lumber Co.Supreme Court of Louisiana · 1907
- Morgan v. O'Bannon & JulienSupreme Court of Louisiana · 1910
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