Russell v. Sprigg
Supreme Court of Louisiana
Westbiut Dist. APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. , . This is an action to rescind a sale.of a tract of land, on the ground of lesion, beyond moiety.
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Westbiut Dist. APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. , . This is an action to rescind a sale.of a tract of land, on the ground of lesion, beyond moiety. The plaintiff alleges, that in December, 182S, he arrived in the parish of Rapides, from Mobile, and being exceedingly epfeebled in body and mind, he'was induced to sell to the defendant, a tract of land in said parish, for five thousand dollars, which was at the time, well worth twelve or fifteen thousand dollars. That said sale was effected by imposition, on the part of the purchaser, and that…
1Opinion of the CourtMartin, J.
This is an action of lesion outre moitié. The plea is the general issue.
The clerk of ¡s^'competent person, to become surety in an appeal bond, court.m ^ lesion”beyond moiety, the word technical” and does not amount to fraud, which authorizes the vendor to have ahsoiuteiyClnidi and void.
*423The plaintiff offered an amended petition, which was rejected. There was judgment against him and he appealed.
The dismissal of the appeal is prayed, on the ground that the clerk of the District Court is the surety in the appeal bond, and it is urged, that it is made his duty by law to take the bond, and to…
2Cited by3 opinions
- Succession of BaumSupreme Court of Louisiana · 1845
- Rex Credit Co. v. AlanaLouisiana Court of Appeal · 1932
- Beard v. CallSupreme Court of Louisiana · 1843