Sewell v. Hennen
Supreme Court of Louisiana
Appeals from the District Court of the First District, Buchanan, J. The certificate of a recorder of mortgages that no mortgage exists on particular property, is only prima facie evidence of the fact. It may be rebutted. JDreux v. Ducournau, 5 Mart. 625. La-farge v. Morgan, 11 Mart. 518. The authority to release being conditional, and the condition not having been complied with, the release was null, and there was no proof of any subsequent ratification.
1Opinion of the CourtBullaRD, J.
The contract of sale, which the plaintiff Sewell seeks to rescind by the present action, contained the following clause or condition ; — after reciting the existence on the lots sold, of various mortgages, special and judicial, the act proceeds: “ and which said encumbrances, the said John Willcox hereby obligates himself to pay and raise, in the shortest delay ; and to assure the said purchaser that the same shall be complied with, the said Willcox hereby agrees, that the notes, or the money therefor, given in payment for said property, shall be deposited in the hands of Raboteau, the…
2Cited by10 opinions
- Watson v. FeibelSupreme Court of Louisiana · 1916
- Zimmer v. FryerSupreme Court of Louisiana · 1938
- Freeland v. CarmoucheSupreme Court of Louisiana · 1933
- Davis-Wood Lumber Company v. DeBrueysLouisiana Court of Appeal · 1967
- Lacour v. Ford Investment Corp.Louisiana Court of Appeal · 1966
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