Louisiana Truck & Orange Land Co. v. Page

ODOM, Justice.

Plaintiff brought suit to rescind a sale of certain real property made by it to one Elbert L. Page, on the ground that Page, its vendee, failed to pay the entire amount of the consideration for the transfer. Page died, and his heirs, who made themselves parties defendant, pleaded prescription of 5 and 10 years in bar of plaintiff’s action. The court sustained the plea of prescription of 10 years and dismissed plaintiff’s suit. Plaintiff appealed.

We learn from plaintiff’s petition that on January 18, 1911, it sold to Elbert L. Page 5,000 acres of land in one tract, situated in…