Munholland v. Fakes
Supreme Court of Louisiana
Appeal from Eighth Judicial District Court, Parish of Franklin; D. N. Thompson, Judge. Action by John M. Munholland and others against B. R. Fakes and others. Judgment for defendants, and plaintiffs appeal.
1Opinion of the CourtProvostx, J.
The heirs of Mrs. Munholland are seeking to recover a piece of real estate sold by her during her marriage. They allege that the sale was made under coercion hy the husband, and to pay bis debts. The district judge found that the sale had been made voluntarily, but in payment of the husband’s debts. He sustained, however, a plea of prescription of five years urged hy defendants under article 3542, Civ. Code, whereby the action “for nullity or rescission of contracts” is barred by five years. Plaintiffs contend that this prescription is inapplicable, because the sale was so utterly null as to…
2Cases cited1 opinion
- Brownson v. WeeksSupreme Court of Louisiana · 1895
3Cited by20 opinions
- Tillery v. FullerSupreme Court of Louisiana · 1938
- Pasco v. HarleySupreme Court of Florida · 1917
- Hutchinson v. StoneSupreme Court of Florida · 1920
- Otis v. Texas Co.Supreme Court of Louisiana · 1922
- Jackson v. JacksonSupreme Court of Florida · 1925
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