Legal Opinion

Phelan v. Wilson

Supreme Court of Louisiana

Decided March 27, 1905No. 15,471Published

Appeal from Twelfth Judicial District Court, Parish of De Soto; John Bachman Lee, Judge. Action by John A. Phelan against Mrs. Willie I. Wilson. From a judgment for defendant, plaintiff appeals.

1Opinion

On the Merits.

The judgment of the district court in this case was based upon the conclusion reached by the district judge: First, that the plaintiff, Phelan, had no greater rights than his vendor, Nilson (State v. Reiss, 12 La. Ann. 166), and that he (the judge) was satisfied that plaintiff was merely a party interposed; and on the further ground that the property of which he sought to be decreed the owner had before its transfer to him been sold and delivered for a valuable, adequate consideration by an authentic, duly recorded act to a third party, who was in good faith and in actual…

2Cases cited39 opinions

  1. St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
  2. Landry v. LandrySupreme Court of Louisiana · 1888
  3. Marbury v. ColbertSupreme Court of Louisiana · 1901
  4. Morris v. Executors of CainSupreme Court of Louisiana · 1887
  5. McClintock v. LoisseauWest Virginia Supreme Court · 1888

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