Quirk v. Smith
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Action by H. C. Quirk against H. C. Smith. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtLand, J.
This is a suit to compel acceptance of title to certain real estate situated in the city of New Orleans. There is no dispute as to the facts. The defense is that the title tendered is defeasible, and therefore not good and merchantable.
H. C. Quirk acquired the property in 1893, and this title is not disputed. In 1896 H. C. Quirk donated the same property to his daughter, Miss Emily E. Quirk, one of his four children. Miss Quirk subsequently married George J. Stoutz. In 1907 the said donation was annulled, canceled, and rescinded by consent of the parties, and the property was reconveyed to…
2Cases cited3 opinions
- Tessier v. RousselSupreme Court of Louisiana · 1889
- Scudder v. HoweSupreme Court of Louisiana · 1892
- Lavedan v. JenkinsSupreme Court of Louisiana · 1895
3Cited by6 opinions
- Succession of Doll v. DollSupreme Court of Louisiana · 1992
- Smelley v. RicksSupreme Court of Louisiana · 1932
- Miller v. ArnoldLouisiana Court of Appeal · 1955
- Atkins v. JohnstonSupreme Court of Louisiana · 1948
- Atkins v. JohnstonSupreme Court of Louisiana · 1948
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