Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Volumen9E. Johns & Company, 1845 |
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Términos y frases comunes
action administrator alleged amount annulled answer APPEAL appellee avers Bank of Louisiana Bayou Chicot bill of exceptions bill of lading bond Brashear BULLARD cent Civil Code claim Code of Practice contract costs counsel Court of Probates Court of St creditors curator damages debt debtor deceased defendant defendant's demand District Court dollars domicil endorser entitled evidence execution executor favor fieri facias filed given heirs husband injunction insolvent interest John De Hart judge Judgment affirmed jury land latter liable Mart ment minors Mississippi MORPHY mortgage notary note sued notice obtained opinion ordered and decreed Orleans owner paid party payment petition petitioner plaintiff possession post-office prays present proceedings promissory note protest proved purchaser question received record recover rendered residence says Second Municipality seized seizure sheriff sheriff's sale slaves sold subrogated suit surety syndic testimony tion trial tutor tutrix vendor witness
Pasajes populares
Página 215 - But a mere intruder cannot enter on a person actually seised and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Página 591 - When the receipt bears no imputation, the payment must be imputed to the debt, which the debtor had at the time most interest in discharging, of those that are equally due; otherwise to the debt which has fallen due, though less burdensome than those which are not yet payable. If the debts be of a like nature, the imputation is made to the debt which has been longest due; if all things are equal, it is made proportionally.
Página 336 - no suit will lie to recover what has been paid or given in compliance with a natural obligation," and "a natural obligation is a sufficient consideration for a new contract
Página 488 - ... gives him no unjust advantage, that is to say, no advantage at the expense of the other party, and this latter would neither suffer inconvenience nor loss in consequence of the deception, if the contract were performed, the artifice does not vitiate it. 12. Combinations with respect to sales to enhance the price by false bids or offers, or to depress it by false assertions, are artifices, which invalidate the contract, when practised by those who are parties to it, or give rise to an action for...
Página 233 - The judgment in this action, if maintained, shall be that the contract be avoided as to its effects on the complaining creditors, and that all the property or money taken from the original debtor's estate, by virtue thereof, or the value of such property to the amount of the debt, be applied to the payment of the plaintiff.
Página 443 - Code is cited, which declares that, "persons who reside out of the State cannot dispose of the property they possess here, in a manner different from that prescribed by its laws.
Página 130 - Nor would we be understood, as laying it down as a universal rule that the notice must be sent to the post-office nearest to the residence of the party to whom it is addressed. If he was in the habit of receiving his letters through a more distant post-office, and that circumstance was known to the holder, or party giving the notice, that...
Página 270 - In all cases where the thing sold remains in the possession of the seller, because he has reserved to himself the usufruct, or retains possession by a precarious title, there is reason to presume 'that the sale is simulated, and with respect to third persons, the parties must produce proof that they are acting in good faith, and establish the reality of the sale.
Página 335 - He who receives what Is not due to him, whether he receives it through error, or knowingly, obliges himself to restore It to him from whom he has unduly received it "Art 2302. He who has paid through mistake believing himself a debtor, may reclaim what he has paid.
Página 93 - The judgment will be reversed, the verdict set aside, and the case remanded for a new trial.