Legal Opinion

Duson v. Dupré

Supreme Court of Louisiana

Decided July 15, 1881No. 1127PublishedCited by 6 opinions

APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Ogden, judge ad, hoc. ¡First — What the law means by tbe sale or transfer of a litigious right, is a sale with a fixed price, where there is no guarantee of the claim, and where the sale is at the purchaser’s risk. Unless these requirements concur there can be no sale of a litigious right.

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APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Ogden, judge ad, hoc. ¡First — What the law means by tbe sale or transfer of a litigious right, is a sale with a fixed price, where there is no guarantee of the claim, and where the sale is at the purchaser’s risk. Unless these requirements concur there can be no sale of a litigious right. Pothier, Vente, 5R3, p. 335. Second — A sale by the heirs of their claim to a tract of land which is in litigation, for a price payable only when the litigation shall have terminated, and when the claim shall have been confirmed and…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

C. C. Duson, as curator of the succession of Louis Blanc, and E. E. Perrodin, as attorney of absent heirs, seek by the petitory action to recover a valuable tract of land situated in this parish, which they allege to be the lawful property of said succession and in the illegal possession of defendants. Among other defences, the defendants urge by way of peremptory exception that plaintiffs cannot maintain this action, on the ground that since the institution of this suit, 'which was filed on the 24th of October, 1879, C. C. Duson purchased on…

2Cited by6 opinions

  1. Sanders v. DitchSupreme Court of Louisiana · 1903
  2. Page v. KiddSupreme Court of Louisiana · 1908
  3. Wells v. GossSupreme Court of Louisiana · 1903
  4. Stafford v. National Fire Ins. Co.Supreme Court of Louisiana · 1927
  5. Succession of Powers v. HowcottSupreme Court of Louisiana · 1915

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