McKenzie v. Bacon
Supreme Court of Louisiana
A PPEAL from the First District Court for the Parish of Caddo. jTaylor, J. » “ The right to rescind a sale for non-payment of the price is absolute on plaintiffs tendering the notes and amounts received, and his rights may he transferred to the heirs.”
Read the full summary
A PPEAL from the First District Court for the Parish of Caddo. jTaylor, J. » “ The right to rescind a sale for non-payment of the price is absolute on plaintiffs tendering the notes and amounts received, and his rights may he transferred to the heirs.” Castle vs. Floyd, 38 Ann. 583 Registry is not necessary to preserve this right Johnson vs. Bloodworth, 12 Aim. 701. The right to dissolve the sale for non-payment of the price is independent of the mortgage. 28 Ann 598. An administrator cannot pay debts or legacies, even where there are sufficient funds, without being authorized by the judge to…
1Opinion of the Court
Tile opinion of the Court was delivered hy
Todd, J.
This is a suit by the heirs of Nicholas M. Gilmer to rescind the judicial sale of a plantation situated in the parish of Caddo, and known as the *• Nick Gilmer Plantation, ” for the non-payment of tlie price.
The suit is against the heirs of Prassley W. Donaldson, the adjudicatee as purchaser at said sale, and those holding under him by mesne conveyances.
The plantation named belonged to Nicholas M. Gilmer, a resident of Alabama, aud at the time of the sale, and long prior thereto, an interdicted lunatic, under the guardianship of Merriweather…
2Cited by16 opinions
- Di Cristina v. WeiserSupreme Court of Louisiana · 1949
- Barnard v. BilbySupreme Court of Oklahoma · 1917
- Turner v. SnypeSupreme Court of Louisiana · 1926
- Eberle v. EberleSupreme Court of Louisiana · 1926
- Barrow v. Grant's EstateSupreme Court of Louisiana · 1906
11 more not listed; retrieve them via the Exa API.