Legal Opinion

Bauduc v. Conrey

Supreme Court of Louisiana

Decided May 15, 1845PublishedCited by 20 opinions

Appeal from the District Court of the First District, Buchanan, J. Every transfer of immovable ■property must be in writing. Civil Code, art. 2255. Parol proof is inadmissible to prove a sale, or agreement to sell real estate. Muggah v. Greig, 2 La. 596. Bad on v. Badon, 4 La. 169. 7 La. 274. Parol evidence cannot establish title to real estate..

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Appeal from the District Court of the First District, Buchanan, J. Every transfer of immovable ■property must be in writing. Civil Code, art. 2255. Parol proof is inadmissible to prove a sale, or agreement to sell real estate. Muggah v. Greig, 2 La. 596. Bad on v. Badon, 4 La. 169. 7 La. 274. Parol evidence cannot establish title to real estate.. McGuire v. Amelung, 12 Mart. 649. Boudreau v. Boudreau, lb. 687. If a party being interrogated, deny the sale of immovables, his answer cannot be contradicted. Bach v. Hall, 3 La. 116. Patterson v. Bloss, 4 lb. 377. Allison v. Fox, 5 La. 453.

1Opinion of the CourtSimon, J.

This action is based upon a pretended verbal agreement, alleged to have existed between the plaintiff and the defendant, in relation to the purchase of certain lots bought by said defendant at a sheriff’s sale, and to the retransfer thereof to be made by said defendant to a third person, for the benefit of the plaintiff. The allegations set up-in the petition show, in substance, that the lots in question were purchased in 1840, by one Nadaud, who gave, his three promissory notes in part payment thereof, each for the sum of $500 ; that said lots were mortgaged to secure the payment of the…

2Cases cited2 opinions

  1. Muggah v. GreigSupreme Court of Louisiana · 1831
  2. Broussard v. SudriqueSupreme Court of Louisiana · 1832

3Cited by20 opinions

  1. Cole v. MurrayLouisiana Court of Appeal · 1927
  2. Harvey v. RichardSupreme Court of Louisiana · 1942
  3. Beatty v. ViningLouisiana Court of Appeal · 1962
  4. Turner v. SnypeSupreme Court of Louisiana · 1926
  5. Maskrey v. JohnsonSupreme Court of Louisiana · 1909

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