Legal Opinion

W. B. Thompson & Co. v. Herring

Supreme Court of Louisiana

Decided June 15, 1893No. 1267PublishedCited by 6 opinions

APPEAL from the Sixth District Court, Parish'of West Carroll. Ellis, J. The administratrix represents both the creditors and the heirs. 85 An. 1010. A real sale can not be attacked by creditors except by a direct action. 39 An. 488 and authorities cited. Parties and their heirs and assigns can only assail the validity of an authentic act by a counter-letter or answers to interrogatories on facts and articles. 42 An. 735 and authorities cited.

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APPEAL from the Sixth District Court, Parish'of West Carroll. Ellis, J. The administratrix represents both the creditors and the heirs. 85 An. 1010. A real sale can not be attacked by creditors except by a direct action. 39 An. 488 and authorities cited. Parties and their heirs and assigns can only assail the validity of an authentic act by a counter-letter or answers to interrogatories on facts and articles. 42 An. 735 and authorities cited. Agreements legally entered into have the effect of law on those who have formed them, and can not be revoked by the parties except by mutual consent. O.…

1Opinion of the Court

The opinion of the court was delivered by

Fenner, J.

On the 3d day of March, 1890, John S. Herring executed an authentic act, by the terms of which he sold to plaintiffs several tracts of land for the price of $2500 cash, receipt of which is acknowledged in the deed. The act contained a stipulation that the vendor should have the right to take back the property within one year, and binding the vendees to reconvey on repayment to the latter of the sum of $2500, with interest, together with all sums which shall be expended by the purchasers for taxes, insurance and incidental expenses connected…

2Cited by6 opinions

  1. Templet v. BabbittSupreme Court of Louisiana · 1941
  2. Robinson v. BrittonSupreme Court of Louisiana · 1915
  3. Maskrey v. JohnsonSupreme Court of Louisiana · 1909
  4. Glover v. AbneySupreme Court of Louisiana · 1925
  5. Harris v. CrichtonSupreme Court of Louisiana · 1925

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