Howe v. Powell
Supreme Court of Louisiana
A PPEAL from the Seventeenth District Court, Parish of East jUjL Baton .Rouge. Btorgess, J. A sale for a lawful consideration, with the right reserved to the vendor to repurchase the pioperty within a certain period, is a sale with the right to redeem, and passes the title unless within the period tho vendor does repurchase.
Read the full summary
A PPEAL from the Seventeenth District Court, Parish of East jUjL Baton .Rouge. Btorgess, J. A sale for a lawful consideration, with the right reserved to the vendor to repurchase the pioperty within a certain period, is a sale with the right to redeem, and passes the title unless within the period tho vendor does repurchase. See Civil Code, Arts. 2439, 2567, 3655: 34 Ann 301. Such an act acknowledged before a Louisiana commissioner in Ohio has the force of an authentic act here. K. S., Bee. 608. The written act in authentic form or acknowledged is the only exclusive evidence of the intention…
1Opinion of the Court
The opinion of the Court was delivered by
JJkemudez, C. J.
This is a petitory action. It is brought against the tenant or occupant of the property, but the parties claiming adverse title have joined issue.
The plaintiff claims that the real estate, which is situated in Baton Rouge, was sold by Kleinert to Gaff, whose executor he is, the former having acquired it from Cochran in 1877.
The defense is, that the property belongs to the respondents by purchase from the same Cochran in 1878; that the original act by the latter to Kleinert was not designed to be a sale, but merely a mortgage, to secure…
2Cited by13 opinions
- Marbury v. ColbertSupreme Court of Louisiana · 1901
- Latiolais v. BreauxSupreme Court of Louisiana · 1923
- Jackson v. GolsonLouisiana Court of Appeal · 1956
- Franklin v. SewallSupreme Court of Louisiana · 1903
- Harris v. CrichtonSupreme Court of Louisiana · 1925
8 more not listed; retrieve them via the Exa API.