Louisiana Reports Volume 138

Louisiana Reports Volume 138

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... the demands of the plaintifi and interveners at their cost. 13 For the reasons assigned in the opinion rendered t0day in the case of the Baldwin Lumber Co. v. Max D. Dalferes (No. 21437) 70 South. 493, ante, p. 507, our conclusin 15 that the Dlaintiifs and intei-veners' Dleil 01' Prescription of 3 years must prevail, and it is therefore maintained; and for the reasons there assigned The judgment I1DDealed from is annulled, and it is now ordered, adjudged, and decreed that the succession of Rev. A. lIaisom1ei1ve, and fraudulent representations that lie, plaintiff, was wasting, mlsinanaging, losing, and jeopardizing his property and that it was to his interest that he should transfer the title to the defendant (his aunt), to be reconveyed to him when the rents would have paid the debts secured by certain mortgages and a pavement lien. The plaintiff alleges that the defendant has arbitrarily refused to carry out a verbal promise to reconvey the property to him. The suit was met by a plea of res judicata, founded upon a judgment rendered by the same court in which the present suit was filed, dismissing a former suit between the same parties, on the same cause of action and for the same primary and alternative relief that is demanded in this suit. The plea of res judlcata was overruled. The defendant reserved a bill of exceptions to the ruling and then filed a demurrer or an exception of no cause or right of action, which was sustained. The plaintiff has appealed and in answer to the appeal, the defendant prays that the plea of res judicata be sustained, and, in the alternative, that the judgment sustaining the exception of no cause or right of action be atfirmed. The exception of no cause or right of action was filed in the first suit...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123698272X
  • 9781236982728