Allen, West & Bush v. Whetstone
Supreme Court of Louisiana
APPEAL from the Sixth District Court, Parish of Morehouse. Brigham, J. 1. It is not necessary that the vendee sign the deed. C. C. 1811 ; 4 An. 162 ; 23 An. 272. 2. A deed under private signature duly recorded without the affidavit of the subscribing witnesses, gives notice to third persons.
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APPEAL from the Sixth District Court, Parish of Morehouse. Brigham, J. 1. It is not necessary that the vendee sign the deed. C. C. 1811 ; 4 An. 162 ; 23 An. 272. 2. A deed under private signature duly recorded without the affidavit of the subscribing witnesses, gives notice to third persons. Art. C. C. 2253 is merely directory. 9 An. 547 j 10 An. 502; 11 An. 531; 25 An. 111. 3. Contracts are binding, though the contracting parties signed the same without reading it. 22 An. 14; 30 An. 1157. 4. One pleading error or fraud must show, by evidence, in what the error consisted or how the fraud was…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
A careful consideration of the evidence leads ns to the following conclusions as to the facts :
Mrs. Mary E. Whetstone recovered a judgment of separation of *848property against her husband in 1875. Immediately thereafter she executed in favor of her husband, Robert Whetstone, a power of attorney, general, special, of the broadest character, embracing powers to receive her moneys and property, to collect and compromise claims, to buy, sell, transfer and assign any and all property belonging to her, to make all contracts pertaining to any and all…
2Cases cited1 opinion
- Amory v. BlackSupreme Court of Louisiana · 1839
3Cited by27 opinions
- Miami Corporation v. StateSupreme Court of Louisiana · 1936
- Murphy v. HusseySupreme Court of Louisiana · 1906
- Franklin v. SewallSupreme Court of Louisiana · 1903
- Bankston v. Owl Bayou Cypress Co.Supreme Court of Louisiana · 1906
- Angichiodo v. CeramiDistrict Court, W.D. Louisiana · 1940
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