Legal Opinion

Smith v. Huie-Hodge Lumber Co.

Supreme Court of Louisiana

Decided June 5, 1911No. 18,136PublishedCited by 6 opinions

Appeal from Third Judicial District Court, Parish of Bienville; B. P. Edwards, Judge. Action by Mrs. Nannie Smith against the Huie-I-Iodge Lumber Company, Limited. From the judgment, defendant appeals.

1Opinion of the CourtProvosty, J.

This suit came to this court on exception of no cause of action, and is reported in 123 La. 959, 49 South. 655.

Plaintiff sold to defendant the merchantable pine timber on 160 acres of land for $600, in December, 1904, and, three years after-wards, in June, 1908, brought this suit to annul the sale for lesion beyond moiety. On an exception of no cause of action, defendant contended that the article of the Code allowing sales of immovables to be set aside for lesion beyond moiety does not apply to sales of timber. This court recognized that such was the case under the Code Napoleon, and would…

2Cases cited1 opinion

  1. Smith v. Huie-Hodge Lumber Co.Supreme Court of Louisiana · 1909

3Cited by6 opinions

  1. O'Brien v. LeGetteSupreme Court of Louisiana · 1969
  2. Pierce v. RousselSupreme Court of Louisiana · 1955
  3. Cook v. MixonLouisiana Court of Appeal · 1997
  4. Rogers v. Huie-Hodge Lumber Co.Supreme Court of Louisiana · 1911
  5. Cook v. MixonLouisiana Court of Appeal · 1997

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