Maginnis v. Union Oil Co.
Supreme Court of Louisiana
y^ PPEAL from the Oivil District Court for the Parish of Orleans. Bightor J. The authority to sell real estate and immovables by destination attached thereto can only be established by written evidence. Arts. 2275, 2276 and 2461, Civil Code. Machinery set in bricks and mortar, and constituting a cotton-seed oil mill, at the date of the sale of the real estate to which it is attached, is immovable by destination and part of the realty.
Read the full summary
y^ PPEAL from the Oivil District Court for the Parish of Orleans. Bightor J. The authority to sell real estate and immovables by destination attached thereto can only be established by written evidence. Arts. 2275, 2276 and 2461, Civil Code. Machinery set in bricks and mortar, and constituting a cotton-seed oil mill, at the date of the sale of the real estate to which it is attached, is immovable by destination and part of the realty. Theurer vs. Nautre, 23 An. 479; Bochereau vs. Bobb, 27 An. 658; Tison vs.. Sheriff, 28 An. 798; Wiel vs. Lapeyre, 38 An. 303; Insurance Company vs. derson, 28…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
This ease has, both through the testimony and the argument, taken a much broader scope than we think the legal situation called for.
A large portion of the evidence was directed to the attempted-ascertainment of what the defendant at the sale of the 11th of January, 1893, intended to sell, and what the plaintiff intended to buy, *1494through conversations between the plaintiff and the defendant, at a time prior to the sale, when the former was either at one time, as a broker acting for William Henderson, or on his own behalf at another,…
2Cited by11 opinions
- Straus v. City of New OrleansSupreme Court of Louisiana · 1928
- Johnson v. Capital City Ford CompanyLouisiana Court of Appeal · 1955
- Mathieu v. NettlesLouisiana Court of Appeal · 1980
- Coguenhem v. TrosclairSupreme Court of Louisiana · 1915
- Bank of Lecompte v. Lecompte Cotton Oil Co.Supreme Court of Louisiana · 1910
6 more not listed; retrieve them via the Exa API.