Peoples' Homestead Ass'n v. Garland

*In this case, His Honor, the Chief Justice being recused, and their Honors, the Associate Justices being evenly divided in opinion as to the proper determination to be made of the issues involved, Judge Horace L. Dufour, of the Court of Appeals for the Parish of Orleans, having been called upon by previous order of this court co sit in the case, pronounced the judgment of the court therein in words and figures as follows, to-wit:

* Dufour, J.

On June 11th, 1894, the plaintiff bought certain real estate from the defendant, and the act of transfer contained a clause that “the purchaser assumes…