Broadwell v. Raines
Supreme Court of Louisiana
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
- McCart v. RegesterCourt of Appeals of Maryland · 1888
- Goulden v. Scranton CitySupreme Court of Pennsylvania · 1888