Bonin v. Eyssaline
Supreme Court of Louisiana
Appeal from the court of the fifth district. This was an action for the rescission of a sale of a tract of land, on the ground that the vendor had sold the thing of another; that the sale was fraudulent; and that the land was dotal.
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Appeal from the court of the fifth district. This was an action for the rescission of a sale of a tract of land, on the ground that the vendor had sold the thing of another; that the sale was fraudulent; and that the land was dotal. The defendant pleaded the general issue—that the plaintiff Bonin, immediately after the sale, took possession of the land sold, and still retains it, without ever having been disturbed: and he tendered security for any damages resulting from a legal eviction. There was judgment for the defendant, and the plaintiff appealed. The facts of the case are, that in…
1Opinion of the CourtMathews, J.
delivered the opinion of the court.* This is an action for the rescission of the sale of a tract of land, on the ground that the vendor had sold the thing of another; *223that the sale was fraudulent; and that the properly sold was dotal.
There was judgment for the defendant, and the plaintiff appealed.
The important facts of the case are the following. In March, 1820, the defendant sold to the plaintiff Bonin, a tract of land of 14⅔ arpens, front on the Teche. In the month of December, of the same year, having discovered that he had purchased what did not belong to his vendor, he gave public…
2Cited by4 opinions
- Roe v. CaldwellSupreme Court of Louisiana · 1916
- Melancon's Heirs v. Robechaud's HeirsSupreme Court of Louisiana · 1840
- Gilly v. LeeSupreme Court of Louisiana · 1823
- Melancon's Heirs v. DuhamelSupreme Court of Louisiana · 1824