Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 95

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 95

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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. 1893 edition. Excerpt: ...1113, ct seq. A surviving wife is not entitled to be recognized and sent into possession as heir of her deceased husband without a strict compliance with the formalities pre scribed by law. Civil Code, Art. 915, at xrq. i The opinion of the court was delivered by WATKINS, J. Plaintiff institutes this suit to compel the defendant's compliance with the terms of his contract to buy of him a cer Mather vs. Lehman. tain piece of improved real estate, situated in the sixth municipal district of the city of New Orleans, in the square bounded by Antoine, Foncher and Prytania streets and St. Charles avenue, having a frontage on the latter of 175 feet, for the consideration of $13,000. The defendant admits the contract, but denies the validity of the title tendered him, averting that on the 30th of November, 1868, one James O'Dowd purchased the property from Raymond Pochelu, and subsequently died. That his succession was administered, and therein certain alleged partition proceedings were had, by which the surviving widow of the deceased appeared to have acquired same, but which defendant avers to have been null and void for want of proper parties thereto. And he further avers that the subsequent proceedings had in said succession could not have the effect of validating the title of Widow O'Dowd, she having, in the meantime, conveyed title to another, and the same not having been conducted according to law. From the record it appears that in the partition proceedings designated, the property was allotted to Mrs. O'Dowd; that, on the 29th of October, 1877, she sold it to Mrs. Eva Jonas Lyons; and that she conveyed it to the present plaintiff. From the record it appears that James O'Dowd left at his demise the property...show more

Product details

  • Paperback | 512 pages
  • 189 x 246 x 26mm | 903g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123682430X
  • 9781236824301