Laurans v. Garnier
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. This is the actio ex empto of the Roman law. Dig. lib.19, tit. 1, law 3, § 1; lawII, § 5,13;. law 13, § 21. Pothier, Vente, part 2, ch. 1, art. 5, nos. 61 — 74. Byford v. Valentine, 3 Mart. N. S. 71. This is not a suit to annul a contract, but to enforce it; consequently, the prescription of five years, under art. 350? of the Civil Code, is inapplicable.
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Appeal from the District Court of the First District, Buchanan, J. This is the actio ex empto of the Roman law. Dig. lib.19, tit. 1, law 3, § 1; lawII, § 5,13;. law 13, § 21. Pothier, Vente, part 2, ch. 1, art. 5, nos. 61 — 74. Byford v. Valentine, 3 Mart. N. S. 71. This is not a suit to annul a contract, but to enforce it; consequently, the prescription of five years, under art. 350? of the Civil Code, is inapplicable. The deed is prima facie evidence of the delivery of the immoveable sold, only when the vender is in possession. 11 Mart. 641. 1 Ib. N. S. 179. 3 La. 179. When the vendor is…
1Opinion of the CourtBullard, J.
The plaintiff alleges that he purchased, in 1836, from the defendant, Lubin Gamier, a tract of land containing fifteen hundred arpents, situated in the parish of East Baton Rouge, for the price of nine thousand dollars, which has been paid. That he has faithfully complied with his obligations as vendee, but that his vendor has not fulfilled his obligations, and that he has never delivered the said property to the petitioner, and put him in peaceable possession, but, though demanded, refuses and neglects so to do. He represents that it is impossible for the vendor to put him thus in…
2Cases cited1 opinion
- Pepper v. DunlapSupreme Court of Louisiana · 1844
3Cited by5 opinions
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- Bonvillain v. BodenheimerSupreme Court of Louisiana · 1906