Legal Opinion

Lagay v. Marston

Supreme Court of Louisiana

Decided February 15, 1880No. 5994PublishedCited by 3 opinions

APPEAL from the Fifth District Court, parish of Orleans. Cullom, J. Singleton & Browne, for defendants and appellants, contended: The preponderance of evidence shows that the -vendor was not insane when she sold her property to the defendants. Even if she had been insane, it is clearly shown she was not notoriously so, and that she was not so to the knowledge of defendants. The transaction complained of was perfectly fair, and much to the advantage of the vendor.

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APPEAL from the Fifth District Court, parish of Orleans. Cullom, J. Singleton & Browne, for defendants and appellants, contended: The preponderance of evidence shows that the -vendor was not insane when she sold her property to the defendants. Even if she had been insane, it is clearly shown she was not notoriously so, and that she was not so to the knowledge of defendants. The transaction complained of was perfectly fair, and much to the advantage of the vendor. The full value of the property sold was given for it. At all events, and under all the views that may be taken of the case, the…

1Opinion of the Court

The opinion of the court was delivered by

White, J.

On the 2d September, 1872, Mrs. Widow Paul Legay, who was then between seventy-four and seventy-six years of age, sold to Mrs, Mary Ann Alonzo, wife of James Shaw Marston, two lots of ground with the buildings and improvements, situate' one on Basin the other on Dauphin street, in this city. The consideration of the sale as stated in the act was 14000, $1000 whereof represented as paid cash and the remainder evidenced by three notes of equal amount payable six, twelve, and eighteen months after date, all to the order of the maker and by her…

2Cited by3 opinions

  1. Russo v. RussoSupreme Court of Louisiana · 1944
  2. Gipson v. SpearmanSupreme Court of Louisiana · 1936
  3. Smith v. HempenLouisiana Court of Appeal · 1928

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