Legal Opinion

Riviere v. Boissiere

Supreme Court of Louisiana

Decided April 15, 1833PublishedCited by 3 opinions

Ekstere Dis. APPEAL FROM THE COURT OF THE FIRST DISTRICT. It is alleged that the defendant, taking advantage of the old age and infirmity of the plaintiff’s ancestor, induced the latter, for three hundred and twenty-four dollars, to sell and give him possession of a lot, in New-Orleans, worth fifteen hundred dollars. The plaintiff prayed to have the property restored, or the balance of its value paid to her.

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Ekstere Dis. APPEAL FROM THE COURT OF THE FIRST DISTRICT. It is alleged that the defendant, taking advantage of the old age and infirmity of the plaintiff’s ancestor, induced the latter, for three hundred and twenty-four dollars, to sell and give him possession of a lot, in New-Orleans, worth fifteen hundred dollars. The plaintiff prayed to have the property restored, or the balance of its value paid to her. The defendant denied the allegations of the petition, averred the price which he paid was a fair one, and that he had become a bona fide owner of the lot. Judgment was rendered for the…

1Opinion of the Court

The opinion of the court, Mathews, J. being absent, was delivered by

Porter, J.

This is an action to set aside a sale of a town lot, on the the ground of lesion. The case turns on the fact whether it existed or not. The judge of the court of the first instance, thought the evidence so doubtful, that he could not annul the contract; and he declared, that in cases of this kind, the evidence should be most clear and satisfactory in support of a plaintiff’s pretensions. A perusal of the testi-mon7’ leaves our minds pretty much in the same situation w^h that of the judge of the first instance; and…

2Cited by3 opinions

  1. Pierce v. RousselSupreme Court of Louisiana · 1955
  2. Dosher v. Louisiana Church of GodSupreme Court of Louisiana · 1954
  3. Shreveport Rod & Gun Club v. Board of Commissioners Caddo Levee DistrictSupreme Court of Louisiana · 1896

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