Levy v. Ward
Supreme Court of Louisiana
APPEAL from the Sixth Judicial District Court, parish of Morehouse. Vaughan, Judge ad hoc. If, at the time of the sale, the contract was wanting in any of the requisites of a real sale, these defects cannot be cured or remedied by any subsequent verbal agreement or transaction between the parties.
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APPEAL from the Sixth Judicial District Court, parish of Morehouse. Vaughan, Judge ad hoc. If, at the time of the sale, the contract was wanting in any of the requisites of a real sale, these defects cannot be cured or remedied by any subsequent verbal agreement or transaction between the parties. When the thing sold remains in the possession of the seller, the law raises the presumption of simulation; and the buyer must remove the presumption. 30 An. 968 ; 28 An. 357 ; 23 An. 666; 19 An. 53 ; 15 An. 555; 5 An. 99; 1 An, 132. A! simulated title gives neither possession nor title ; and no act…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
On November 15th, 1873, George C. Ward executed an *785act of sale by the terms of which, in consideration of the price of $2000, receipt of which is acknowledged, he conveyed his plantation to M. Levy, plaintiff in this suit. Said deed contained the following pact: “ It is specially understood, between said parties, that, in case the said Ward, or his heirs, should, at any time hereafter, pay said Levy or his heirs the amount he paid for said land, together with eight per cent per annum interest thereon, from January 1st, 1874, said Levy, his…
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