Augusta Insurance v. Packwood
Supreme Court of Louisiana
APPEAL from the Third District Court of New Orleans, Kennedy, J. The great and important question before alluded to, recurs, what was the effect of the retrocession of the property by Stewart to Paclmood so far as the rights of the community are concerned ? I confidently contend that by the retrocession of the property on account of the inability or failure of the purchaser to pay the price, the parties were replaced in the same situation as if the sale had never taken…
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APPEAL from the Third District Court of New Orleans, Kennedy, J. The great and important question before alluded to, recurs, what was the effect of the retrocession of the property by Stewart to Paclmood so far as the rights of the community are concerned ? I confidently contend that by the retrocession of the property on account of the inability or failure of the purchaser to pay the price, the parties were replaced in the same situation as if the sale had never taken place, and the property reverted back to the community, to which it is conceded it belonged when the sale took place.. The…
1Opinion of the Court
Slidell, O. J. (VoonniES, J., and Campbell, J., concurring.)
I have doubts whether, under the circumstances of the case, the notes having been received by Paahwood in New York, where he and his wife were then domiciled, and being there in his possession after her death, a half interest in them vested in her heirs. Assuming, however, that such an interest, vested in her heirs on her death, grave difficulties remain.
I concede that this matter is not res judicata against Mrs. Morton. But this very subject of rescission of the sale to Stewart, has been solemnly decided by the Supreme Court, after…
2Cited by7 opinions
- Louis Werner Saw Mill Co. v. WhiteSupreme Court of Louisiana · 1944
- Ragsdale v. RagsdaleSupreme Court of Louisiana · 1901
- Babst v. HartzLouisiana Court of Appeal · 1925
- Ward v. Hayes-Ewell Co.Supreme Court of Louisiana · 1929
- Ardis & Co. v. Turner & U. S. Fidelity & Guaranty Co.Louisiana Court of Appeal · 1926
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