Fecel v. Guinault
Supreme Court of Louisiana
APPEAL from the Sixth District Court, parish of Orleans. Bightor, J. Belden & Duvigneaud, for plaintiff and appellee, contended : That a person notoriously insane, whether interdicted or not, was incapable of forming a valid contract with one aware of the insanity.
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APPEAL from the Sixth District Court, parish of Orleans. Bightor, J. Belden & Duvigneaud, for plaintiff and appellee, contended : That a person notoriously insane, whether interdicted or not, was incapable of forming a valid contract with one aware of the insanity. They cited in their support C. C. arts. 1780, 1782, 1783, 1788, and . 402 ; also 5 M. 425 ; 10 M. 604 ; 4 L. 115 ; 12 A. 24; do. 624; do. 651; and 26 A. 463. W. E. Murphy, for defendant and appellant, contended : First — A judgment rendered annulling the sale from Pavageau to Rodi, without making Pavageau (the person most…
1Opinion of the Court
The opinion of the court was delivered by
Spencer, J.
Plaintiff, as administratrix of her deceased husband,. Ant. Rodi, and tutrix of his children, sues to annul,
First — An act of sale of certain real estate on Ursulines street, made-by R. Pavageau to her said husband, on 12th August, 1873, and, second, an act of mortgage executed by her said husband, on 7th day of September, 1874, in favor of the defendant, Guinault, on certain real estate-on Greatmen street.
Pavageau sold to Rodi the Ursulines-street property for $2600, of which price $2000 were represented by two notes of $1000 each. Gui-0, *93na…
2Cited by4 opinions
- Emerson v. ShirleySupreme Court of Louisiana · 1937
- Harvey v. EnglerSupreme Court of Louisiana · 1936
- Gipson v. SpearmanSupreme Court of Louisiana · 1936
- Sharp v. SharpSupreme Court of Louisiana · 1955