Crown Zellerbach Corp v. Henderson

MARVIN, Judge.

Crown Zellerbach, the purchaser of timber from the defendants Henderson, appeals a judgment rejecting its demands for rescission of the sale and return of the purchase price on the grounds that Crown discovered, after the sale, a lis pendens of record affecting the property. Crown contends the lis pendens is a claim that amounts to an eviction, contrary to defendants’ warranty to maintain Crown in peaceable possession. We disagree and affirm the judgment. CC Arts. 2500, 2501, 2506, 2560. Bonvillain v. Bodenheimer, 117 La. 793, 42 So. 273 (1906); Kuhn v. Breard, 151 La. 546, 92…