Keough v. J. Meyers & Co.
Supreme Court of Louisiana
APPEAL from the Thirteenth District Court, Parish of St. Landry. Lewis, J. 1. The contract must not be confounded with the instrument in writing by which it is witnessed. C. 0.1762, lien. Big 1000, No. 1, and eases cited. 2. In contracts, the essence, rather than the form, is to be looked to. C. C. 1761. '$.• Where it is evident that a contract executed in the form of a sale was intended to be a mortgage, or security-contract, effect will be given to it as such. i.
Read the full summary
APPEAL from the Thirteenth District Court, Parish of St. Landry. Lewis, J. 1. The contract must not be confounded with the instrument in writing by which it is witnessed. C. 0.1762, lien. Big 1000, No. 1, and eases cited. 2. In contracts, the essence, rather than the form, is to be looked to. C. C. 1761. '$.• Where it is evident that a contract executed in the form of a sale was intended to be a mortgage, or security-contract, effect will be given to it as such. i. A sale it, rciHCVG, where the vendor remains in possession and where the price stated is much less than the real value of the…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
The object of this suit is to have an act of sale ■ of real estate declared to be an act of mortgage,, or, if not such, to be a nullity for lesion beyond moiety, and, if neithei’, to be an antichresis.
The defense is, that the transaction between the parties was a sale, with the pact of redemption; that, by the failure of the vendor to pay the price agreed on, seasonably, he has ceased to have any title to the property, and that the ownership has vested absolutely in the purchasers.
From a judgment rejecting the plaintiff’s demand, this…
2Cited by11 opinions
- Breaux v. RoyerSupreme Court of Louisiana · 1912
- Brooks v. BroussardSupreme Court of Louisiana · 1914
- Carter v. BoldenLouisiana Court of Appeal · 1930
- Delcambre v. DuboisLouisiana Court of Appeal · 1972
- Ford v. ParsonsSupreme Court of Louisiana · 1918
6 more not listed; retrieve them via the Exa API.