Reeves v. Adams
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE POURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. 1. The mortgage was paid and satisfied. 2. The claim of the heirs was prescribed, and mortgage extinct. 3. Plaintiff was never disturbed in his possession. 4. Plaintiff’s right of action was barred by prescription, and may be taken advantage of in the Supreme Court. Code of Practice, 902, La. Code, 3507, Old Civil Code, Martin’s Reports, 7 JV*. S. 110, 111. Union Cot.
Read the full summary
Eastern Dis. APPEAL PROM THE COURT OP THE POURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. 1. The mortgage was paid and satisfied. 2. The claim of the heirs was prescribed, and mortgage extinct. 3. Plaintiff was never disturbed in his possession. 4. Plaintiff’s right of action was barred by prescription, and may be taken advantage of in the Supreme Court. Code of Practice, 902, La. Code, 3507, Old Civil Code, Martin’s Reports, 7 JV*. S. 110, 111. Union Cot. Manufactory vs. Lobdell. 1. The appellant is not competent to appeal, he having acquiesced in the judgment by voluntarily suffering…
1Opinion of the Court
The facts are stated in the opinion of the court, delivered by
Mathews, J.
This suit is brought to have the sale of a certain tract of land (as described in the petition) rescinded, and to recover back the price, with interest, which had been paid by the plaintiff to the defendant. The rescission of the contract is claimed, on account of the defendant not having raised and cancelled a mortgage, which existed on the land at the time of sale, and which he bound himself to do, or cause to be *290done. He pleaded performance and fulfilment of the obligations created by the stipulation, to raise the…
2Cited by3 opinions
- In re FazendeSupreme Court of Louisiana · 1883
- Musick v. Central Carbon Co.Louisiana Court of Appeal · 1927
- Cooley v. BroadSupreme Court of Louisiana · 1877