Thompson v. Duson
Supreme Court of Louisiana
APPEAL from the Thirteenth District Court, Parish of St. Landry. JSstilette, J. 1.A promise to sell amounts to a sale between the parties if clothed with the formalities, provided by O. 0 . 2440; C. C. 2462, 2456. 2.Id centum est quod cerfcum reddi potest. 3.A vondor’s privilege springs from the law alono. O. C. 3249; C. H. 2103; 31 Ann. 729. 4.A suspensive condition is never implied, it must bo expressly stipulated.
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APPEAL from the Thirteenth District Court, Parish of St. Landry. JSstilette, J. 1.A promise to sell amounts to a sale between the parties if clothed with the formalities, provided by O. 0 . 2440; C. C. 2462, 2456. 2.Id centum est quod cerfcum reddi potest. 3.A vondor’s privilege springs from the law alono. O. C. 3249; C. H. 2103; 31 Ann. 729. 4.A suspensive condition is never implied, it must bo expressly stipulated. So, in a prom ise to sell, a vendor cannot defeat the rights of a vendee who has been in possession for several years, by" insisting that he (tho vendor) has not the benefit of a…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Under a writ of fieri facias, issued under a judgment in the suit entitled John Chaffe & Sons vs. C. P. Thompson, three-*714fifths undivided interest in the Joel Tucker plantation was seized and advertised for sale in satisfaction thereof, and plaintiff, representing the heirs of Mrs. M. W. Kilpatrick, enjoins the sale of one third of said three-fifths thereof on the ground of ownership by their title of inheritance.
The sheriff and seizing creditors join in one answer. They plead the general issue and no cause of action, and aver that the…
2Cited by13 opinions
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- Girault v. FeuchtSupreme Court of Louisiana · 1906
- Davis v. McCainSupreme Court of Louisiana · 1931
- Barfield v. SaundersSupreme Court of Louisiana · 1906
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