Legal Opinion

Dickson v. Ford

Supreme Court of Louisiana

Decided October 15, 1886No. 181PublishedCited by 25 opinions

A PPEAL from the First District Court, Parish of Caddo, i. x Taylor, J. 1. Authentic acts make full proof against the parties, not only of their agreement, hut also of what passed before the notary. Succession of Tete, 7 Ann. 95. 2. In the absence ot a specific averment of error, fraud, ambiguity and the like, oral testimony is especially inadmissible to show that the consideration mentioned in an act of mortgage was not the true consideration.

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A PPEAL from the First District Court, Parish of Caddo, i. x Taylor, J. 1. Authentic acts make full proof against the parties, not only of their agreement, hut also of what passed before the notary. Succession of Tete, 7 Ann. 95. 2. In the absence ot a specific averment of error, fraud, ambiguity and the like, oral testimony is especially inadmissible to show that the consideration mentioned in an act of mortgage was not the true consideration. Such testimony necessarily varies and adds to the terms of the written instrument. Vial vs. Moel, 37 Ann. 203. 3. Attorneys at law are prohibited from…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

Plaintiff sues for the cancellation of a special mortgage of $2,500, which she executed in January, 1881, in favor of W. R. Bar-stow, who is made a party hereto as well as his assignee, Wm. Thurman, the present holder of the mortgage, who is herein represented by a curator ad hoe.

Plaintiff avers that the sole purpose and the true consideration of the mortgage were to secure Barstow from any loss or damage which might have resulted from a release bond in a litigation then pending against her, which bond had been procured for her by Barstow on…

2Cases cited1 opinion

  1. Palangue v. GuesnonSupreme Court of Louisiana · 1840

3Cited by25 opinions

  1. Loranger v. Citizens' Nat. BankSupreme Court of Louisiana · 1927
  2. Brewer v. New Orleans Land Co.Supreme Court of Louisiana · 1923
  3. Eugene Dietzgen Co. v. KokoskySupreme Court of Louisiana · 1904
  4. Guaranty Bank & Trust Co. v. HunterSupreme Court of Louisiana · 1931
  5. Love v. DedonSupreme Court of Louisiana · 1960

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