Legal Opinion

Broadwell v. Raines

Supreme Court of Louisiana

Decided May 15, 1882No. 8547Published

APPEAL from the Eleventh Judicial District Court, Parish of Natchitoches. Pierson, J. When all the matters set up have been passed upon in another suit, they form the basis of an estoppel. 28 A. 625. A partyis estopped from contradicting in a subsequent action what he has judicially admitted to he true iu a previous action between the same parties, (23 A. 764) a fortiori when in the first case he has sworn to a given state of facts.

Read the full summary

APPEAL from the Eleventh Judicial District Court, Parish of Natchitoches. Pierson, J. When all the matters set up have been passed upon in another suit, they form the basis of an estoppel. 28 A. 625. A partyis estopped from contradicting in a subsequent action what he has judicially admitted to he true iu a previous action between the same parties, (23 A. 764) a fortiori when in the first case he has sworn to a given state of facts. A debtor who points out property is estopped from objecting to the sheriff’s action. 13 A. 461. Plaintiff in attachment is estopped from afterwards setting up…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

A statement of the main facts underlying this complicated litigation, will facilitate a proper understanding of the issues presented in the pleadings.

In January, 1873, plaintiff, Broadwell, placed L. N. Lane in possession of a plantation which he owned in the Parish of Natchitoches, under the following agreement or stipulation :

“ Natchitoches Parish,
“ Pré Au.v Olere, January 1, 1873.
“ I have this day bargained, sold and delivered to Lafayette N. Lane, the plantation lately occupied by Thomas Hunter, and better known as the Pré Aux Clerc place,…

2Cases cited2 opinions

  1. McCart v. RegesterCourt of Appeals of Maryland · 1888
  2. Goulden v. Scranton CitySupreme Court of Pennsylvania · 1888

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API