Lawler v. Cosgrove
Supreme Court of Louisiana
A PPEAL from tlie Civil District Court for the Parish of Orleans. jLJL Monroe, J. 1. A sale with the right of redemption is a sale vúth a resolutory condition, and not a contract of hypothecary or pignorative security.
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A PPEAL from tlie Civil District Court for the Parish of Orleans. jLJL Monroe, J. 1. A sale with the right of redemption is a sale vúth a resolutory condition, and not a contract of hypothecary or pignorative security. Duranton, Cours de troit, Yol. 16, Secs. 388, 389,390 ; Lahaye’s notes to Napoleon Code, Art. 1659; Dallo» on Sale, No. 825; 23 Ann. 661. 2. Such a sale does not merely serve to secure the purchaser to the extent of any just claim he may have against his vendor; but vests in him an immediate ownership, which is defeasible only by the happening of the condition, or, in other…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The third opponent claims the ownership of the real estate attached, for having acquired it Iona-fide and for a valuable consideration from defendant.
The defense is that the title set up is a simulation, no consideration having passed.
On that issue, the parties went to trial.
The lower court allowed evidence to show the nature of the transaction and considered it as a contract of suretyship, directing payment of opponent’s claim out of the proceeds of sale in preference to all others.
From the judgment thus rendered the opponent appeals.
The…
2Cases cited1 opinion
- Ford v. DouglasSupreme Court of the United States · 1847
3Cited by4 opinions
- Latiolais v. BreauxSupreme Court of Louisiana · 1923
- Jolivet v. ChavesSupreme Court of Louisiana · 1910
- Rion v. ReevesSupreme Court of Louisiana · 1909
- Modisette v. HathawaySupreme Court of Louisiana · 1920