Foster's Heirs v. Foster's Administratrix
Supreme Court of Louisiana
Western Dist. APPEAL PROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE THEREOF PRESIDING. This is an action of reven dication and rescission of the sales of certain slaves, on account of fraud in the vendee. The plaintiffs are the children of Thomas Foster, deceased,, joined and assisted by their mother as tutrix, and her husband as co-tutor.
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Western Dist. APPEAL PROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE THEREOF PRESIDING. This is an action of reven dication and rescission of the sales of certain slaves, on account of fraud in the vendee. The plaintiffs are the children of Thomas Foster, deceased,, joined and assisted by their mother as tutrix, and her husband as co-tutor. They allege that Thomas Foster, a short time before his death, sold and conveyed to his brother, Levi Foster, eighteen or nineteen slaves, by notarial act bearing ¿ate the 5th and 13th May, 1830, which sales they…
1Opinion of the CourtCarleton, J.
This is an action brought by the¿wife and heirs of Thomas Foster, deceased, to set aside two acts of sale, one dated 5th *407May, 1830, and the other the 13th of the same month and year, by which a number of slaves were sold by said Thomas Foster to Levi Foster, his brother. The petitioners aver, that the sales are null and void, having been made in fraud of their legal rights, and without consideration.
Levi Foster having died, the suit is instituted against his widow and heirs.
The defendants for answer, deny generally; repel the charge of fraud; plead the prescription of one year, and set up…
2Cited by10 opinions
- Karcher v. KarcherSupreme Court of Louisiana · 1915
- Davis v. Greve & WildermanSupreme Court of Louisiana · 1880
- Lacassagne v. AbrahamSupreme Court of Louisiana · 1896
- Schmidt v. FreySupreme Court of Louisiana · 1844
- Stockton v. CraddickSupreme Court of Louisiana · 1849
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