Legal Opinion

Botto v. Berges

Supreme Court of Louisiana

Decided May 6, 1895No. 11,745PublishedCited by 3 opinions

APPEAL from the Oivil District Court for the Parish of Orleans. King, J. There must be two attesting witnesses to an authentic act; otherwise its execution must be proven as an act under private signature. C. C. 2234. The same rule applies to acts executed by a commissioner. Nor can the act be admitted even to prove rem ipsam, without proof of its execution.

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APPEAL from the Oivil District Court for the Parish of Orleans. King, J. There must be two attesting witnesses to an authentic act; otherwise its execution must be proven as an act under private signature. C. C. 2234. The same rule applies to acts executed by a commissioner. Nor can the act be admitted even to prove rem ipsam, without proof of its execution. Leibe vs. Haversmith, 39 An. 1050; Miller vs. Werner, 22 An. 457; and Langley & Kinkead vs. Burrows & Co., 15 An. 392. A promise of sale subject to ezamination of titles means that the vendor must exhibit a regular chain of titles, free…

1Opinion of the Court

The opinion of the court was delivered by

Breaux, J.

This is a suit to recover two hundred dollars deposited by plaintiff as earnest of her promise to buy.

The plaintiff alleges that defendants’ title was not legal and valid; that the defendants have not made a tender of the title; that they are not the owners, and that there are mortgages and privileges recorded against the property.

*961That, although unable to give good title, the defendants refuse to return the money deposited.

The answer controverts plaintiff’s demand, and contains a plea in reconvention; it sets out the validity of the title,…

2Cited by3 opinions

  1. Carona v. McCallumLouisiana Court of Appeal · 1962
  2. Allen v. Ponchatoula Beach Development Corp.Louisiana Court of Appeal · 1962
  3. State ex rel. Sherman v. La Salle Realty Co.Louisiana Court of Appeal · 1925

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