Litton v. Woods

Plaintiff in this suit is seeking dissolution of a sale of certain real estate for nonpayment of the purchase price. She alleged in her petition that the notes given for the purchase price in the sales sought to be dissolved matured more than five years before the filing of this suit and have never been paid.

Defendants filed a plea of prescription of five years, based upon the theory that under Article 2561 of the Revised Civil Code, as amended by Act 108 of 1924, the right of dissolution is an accessory of the credit representing the price and prescribes with the prescription of the notes…