Greffin's Ex'r v. Lopez
Supreme Court of Louisiana
APPEAL from the court of the parish and city of New-Orleans. The petition stated, that the plaintiff's testator, finding himself in difficulties, thought proper to place a part of his property out of the reach of certain enemies. who menaced him with unjust law suits and prosecutions: whereupon he determined to provide a friend, who might cover it.
Read the full summary
APPEAL from the court of the parish and city of New-Orleans. The petition stated, that the plaintiff's testator, finding himself in difficulties, thought proper to place a part of his property out of the reach of certain enemies. who menaced him with unjust law suits and prosecutions: whereupon he determined to provide a friend, who might cover it. He therefore agreed with the defend- ant, to give her a bill of sale of four houses and lots, apparently for the consideration of fourteen thousand dollars, of which eleven thou- sand eight hundred were to be paid down, and two thousand two hundred…
1Opinion of the CourtMartin, J.
The defendant’s counsel contends, that the present case is not one in which a court of justice is to yield its aid to the plaintiff. Nemo allegans suam-turpitudinem est audiendus-that the right of the plaintiff", admitting that he has any, arose ex turpi causa, ex dolo malo-that her possession ought to be protected: courts of justice always *163assisting a party to whom an estate has been voluntarily conveyed, in retaining and some times in obtaining it.
A majority of this court is of opinion that, however conducive to the exdirpation of fraud, a decision in favor of the defendant might be, it…
2Cases cited1 opinion
- Caisergues v. DujarreauSupreme Court of Louisiana · 1809
3Cited by2 opinions
- Prudhomme v. SavantSupreme Court of Louisiana · 1922
- State v. Bank of LouisianaSupreme Court of Louisiana · 1827