Fletcher's Heirs v. McMicken
Supreme Court of Louisiana
APPEAL from the District Court of East Baton Rouge, Burk, J. No case has heretofore been presented to the court where they felt authorized from the facts, to order the recision of the sale on this ground. And yet, in all the cases reported, the right has been clearly recognized. The testimony stands uncontradicted to prove: 1st. That the title of the Fletchers to the plantation, was complete and perfect, and that they had possession under that title.
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APPEAL from the District Court of East Baton Rouge, Burk, J. No case has heretofore been presented to the court where they felt authorized from the facts, to order the recision of the sale on this ground. And yet, in all the cases reported, the right has been clearly recognized. The testimony stands uncontradicted to prove: 1st. That the title of the Fletchers to the plantation, was complete and perfect, and that they had possession under that title. "Where a judgment has not been reversed or annulled, it must have its full force and effect. 16 L. R. 442. Patterson v. Bonner et al. 14 L. R.…
1Opinion of the Court
By the court:
Eustis, C. J.
This appeal is taken by Charles McMicken, from a judgment ofthe Court of the Sixth District, by which the plaintiffs recovered three-fourths’ *179interest in a tract of land, situated on the east bank of the river Mississippi, in the parish of East Baton Rouge. The judgment gave the defendant the right to retain the property on paying an additional price, and directed the sum paid by him, to be refunded in the event of his not electing to keep the property. The recovery was based upon lesion, in the purchase of the plantation from the agent of the plaintiffs’, by the…
2Cited by3 opinions
- Hustmyre v. WatersSupreme Court of Louisiana · 1937
- Pierce v. RousselSupreme Court of Louisiana · 1955
- Peterson v. HerndonLouisiana Court of Appeal · 1969