Truxillo v. Delaune
Supreme Court of Louisiana
APPEAL from the Twentieth District Court, Parish of Assumption Guión, J. On January 12, 1878, by public act before L. U. Folse, notary, C. Numa Folse and Honoré Folse, purchased each an undivided half of the Pothier plantation from the heirs of Edward Pugh. A part of the price was paid cash, and a part on credit.
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APPEAL from the Twentieth District Court, Parish of Assumption Guión, J. On January 12, 1878, by public act before L. U. Folse, notary, C. Numa Folse and Honoré Folse, purchased each an undivided half of the Pothier plantation from the heirs of Edward Pugh. A part of the price was paid cash, and a part on credit. For the credit instalments the purchasers executed and delivered their joint notes payable to their order and by them endorsed in blank, and secured these notes as to their payment, together with interest and attorney’s fees, by special mortgage and vendor’s privilege on the entire…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, 0. J.
In his opinion the District Judge stated that Delaune, under the evidence, stood before the court as a purchaser-in good faith utterly untrammeled by any understanding or arrangements between other parties prior to or at the time of the sale; that the issues before him would have to be passed on from that standpoint, and that consideration of the relations of the other parties inter se was irrevelant, and unnecessary to be disposed of. We find-no error in his so holding.
Delaune being a purchaser in good faith we proceed to examine the…
2Cited by4 opinions
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- Spencer v. CollinsLouisiana Court of Appeal · 1976
- Childs v. PruittSupreme Court of Louisiana · 1941
- Abbott v. FontenotSupreme Court of Louisiana · 1918