Colvin v. Woodward
Supreme Court of Louisiana
PPEAL from the Third District Court, Parish of Lincoln. Young, J. Where act of sale and counter letter both concur in asserting that it is a sale, the latter containing the agreement that the vendor may redeem within a given time, it must be held to he a sale with the right of redemption, and if the right is not exercised within the time agreed on, the vendor can not exercise it afterwards, and the purchaser becomes irrevocably possessed of the thing sold.
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PPEAL from the Third District Court, Parish of Lincoln. Young, J. Where act of sale and counter letter both concur in asserting that it is a sale, the latter containing the agreement that the vendor may redeem within a given time, it must be held to he a sale with the right of redemption, and if the right is not exercised within the time agreed on, the vendor can not exercise it afterwards, and the purchaser becomes irrevocably possessed of the thing sold. C. C. 2570. 38 Aim. 271. Act of sale and counter letter, though not designed by the parties to be absolutely final, the title to he put…
1Opinion of the Court
The opiriion of the Court was delivered by
Fenner.. J.
This action is brought to enforce specific performance of the following written contract signed by defendant:
“I hereby agree to carry J. M. Colvin one bale of cotton, and make a deed to him of forty acres of my land, and he make a deed to me for the laud I deeded him, and which is now on record in his name, this October 5, 1886.”
The defense is that the land referred to in the instrument, is part-of his duly recorded Homestead, and that, under the Constitution of the State, the court is^without jurisdiction or authority to compel him to…
2Cited by3 opinions
- Alamitos Land Co. v. Shell Oil Co.California Supreme Court · 1933
- Louisiana Land & Immigration Co. v. MurffSupreme Court of Louisiana · 1916
- Morgan City Co. v. GuariscoLouisiana Court of Appeal · 1959