Lewis v. Peterkin
Supreme Court of Louisiana
A PPEAL from the Sixth District Court, Parish of Morehouse. _OL Jevy, Judge ad hoc. A judgment of separation of property, in order to be valid, must be executed; dation en paiement one year after its rendition, does not revive or give it effect. 28 Ann. 345; 34 Ann. 690. A judgment of separatiou to effect third persons must bo advertised or recorded. Parol evidence is inadmissible to show authority to purchase real estate.
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A PPEAL from the Sixth District Court, Parish of Morehouse. _OL Jevy, Judge ad hoc. A judgment of separation of property, in order to be valid, must be executed; dation en paiement one year after its rendition, does not revive or give it effect. 28 Ann. 345; 34 Ann. 690. A judgment of separatiou to effect third persons must bo advertised or recorded. Parol evidence is inadmissible to show authority to purchase real estate. O. C. 2997,2440; ■ 23 Ann. 196 ; 28 Ann. 678. A simulated sale conveys no rights to tbe pretended vendee. 15 Ann. 177; 23 Ann. 46, Where a sale is attached on account of…
1Opinion of the Court
ON MOTION TO DISMISS AND ON APPLICATION FOR CERTIORARI.
The opinion of the Court was delivered by
Roché, J.
On the first day of the present term appellees moved for tbe dismissal of this appeal on the ground that tbe clerk, in bis certificate, did not state that tbe transcript contained all the evidence adduced on tbe trial below.
Two days later, appellant filed bis application for an order to direct tbe clerk of the district court to correct bis certificate, and tbe application is resisted by appellees on the ground that it was not made before, or at the time of the argument as required by art.…
2Cited by3 opinions
- Vives v. FortierLouisiana Court of Appeal · 1967
- Gugel v. CarsonSupreme Court of Louisiana · 1913
- Brown v. RobersonLouisiana Court of Appeal · 1928