Legal Opinion

Latiolais v. Breaux

Supreme Court of Louisiana

Decided November 26, 1923No. 24022PublishedCited by 23 opinions

Appeal from Eighteenth Judicial District Court, Parish of Acadia; Wm. Campbell, Judge. Action by Joseph Ignace Latiolais against Albert Breaux. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

ST. PAUL, J'.

This is an action to have an alleged sale of land with right of redemption (vente a reméré) declared a mere pignorative contract (common-law mortgage); the difference being this, that in sales with right of redemption the purchaser becomes the owner of the property sold, subject only to the right of the vendor to reacquire the property (C. C. 2567, 2575 to 2578), whilst in pignorative contracts the nominal vendor continues to be owner and the nominal purchaser has only a pledge or mortgage for his debt, which he must enforce in the usual way. Collins v. Pellerin, 5 La. Ann. 99.

Red…

2Cases cited28 opinions

  1. Marbury v. ColbertSupreme Court of Louisiana · 1901
  2. Patterson v. BonnerSupreme Court of Louisiana · 1839
  3. Baker v. SmithSupreme Court of Louisiana · 1892
  4. Crozier v. RaganSupreme Court of Louisiana · 1886
  5. Howe v. PowellSupreme Court of Louisiana · 1888

23 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Jackson v. GolsonLouisiana Court of Appeal · 1956
  2. Latham v. GlasscockSupreme Court of Louisiana · 1926
  3. Beard v. NunnSupreme Court of Louisiana · 1931
  4. Ross v. MarreroCourt of Appeals for the Fifth Circuit · 1997
  5. Lerner Shops of Louisiana, Inc. v. ReevesLouisiana Court of Appeal · 1954

18 more not listed; retrieve them via the Exa API.

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