Tessier v. Roussel
Supreme Court of Louisiana
APPEAL from tlie Twenty-second District Court, Parish of St. James. Duffel, J. 1. Guedry, Jr., donated atract of land to Guedry, Sr., in 1873 ; in 1881 Guedry, Sr., mortgaged the property to secure payment of a debt of $12,000 acknowledged to he due by him to the donor and another; in 1883 the donor sued out executory process against the mortgageor (donee) and tlie property brought at judicial sale $18,000, one-half of which, or $9000, enured, to the donor and was received…
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APPEAL from tlie Twenty-second District Court, Parish of St. James. Duffel, J. 1. Guedry, Jr., donated atract of land to Guedry, Sr., in 1873 ; in 1881 Guedry, Sr., mortgaged the property to secure payment of a debt of $12,000 acknowledged to he due by him to the donor and another; in 1883 the donor sued out executory process against the mortgageor (donee) and tlie property brought at judicial sale $18,000, one-half of which, or $9000, enured, to the donor and was received by him. I11 1883 the original donor x>urcliased the same property, jointly with others, from the adjudicatee at the…
1Opinion of the Court
The ox-iiiiion of the Court was delivered by
Fenner, J.
The facts, which are uudisxmted, present. the following case:
In 1873, Philoinon Guidry, Jr., made a gratuitous donation inter vivos of a tract of land to his father, Philoinon Gnidry, Sr.
In 188.1, Guidry, Sr., being indebted to his two sons, Philoinon, Jr., (the donor ) and Vahnont Guidry, gave them a (special mortgage on tho same laud.
In 1883, Guidry, Jr., and others, holding the notes secured by this mortgage, judicially foreclosed the same and caused the sale of the property.
At said sale the xu'ox>erty was adjudicated to J. E. Pocho.…
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