Maignan v. Gleises
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE PIRST DISTRICT. This was an action to rescind a contract of sale of real estate; and the grounds, as stated in the petition, were: That the sale was made solely for the purpose of securing to the defendant, the payment of certain moneys, which he had advanced to the plaintiff; and that it was understood between ^le Par^es’the time of the sale, that upon repayment of the advances, the property was to be reconveyed to the plaintiff.
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APPEAL PROM THE COURT OP THE PIRST DISTRICT. This was an action to rescind a contract of sale of real estate; and the grounds, as stated in the petition, were: That the sale was made solely for the purpose of securing to the defendant, the payment of certain moneys, which he had advanced to the plaintiff; and that it was understood between ^le Par^es’the time of the sale, that upon repayment of the advances, the property was to be reconveyed to the plaintiff. The petition averred, that the plaintiff had offered and was ready to reimburse to the defendant, but that the latter had refused to…
1Opinion of the CourtMathews, J.
This suit is commenced to compel the defendant to reconvey to the plaintiff a lot of ground in the faubourg Marigny, which the former acquired from the latter, by an act of sale passed before Felix de Armas, notary public, on the twenty-eighth day of August, 1829.
The petitioner states the sale to be simulated, or, rather, a kind of vente a remere, alleging, that it was understood and agreed by the parties that the purchaser should reconvey to *4the seller, on the latter refunding to him certain sums of money, which he had paid and advanced at and prior to the time when the sale was made.
The…
2Cited by4 opinions
- Krauss v. FrySupreme Court of Louisiana · 1945
- Knox v. LiddellSupreme Court of Louisiana · 1843
- Loeb v. CandiasLouisiana Court of Appeal · 1958
- Godwin v. NeustadtlSupreme Court of Louisiana · 1890