R. Beltran v. Leche
| Decision Date | 10 January 1898 |
| Docket Number | 12,679 |
| Citation | 23 So. 203,50 La.Ann. 385 |
| Court | Louisiana Supreme Court |
| Parties | R. BELTRAN v. E. D. LECHE |
Argued December 30, 1897.
Rehearing Refused February 21, 1898.
APPEAL from the Twentieth Judicial District Court for the Parish of St. James. Guion, J.
Robert G. Dugue, for Plaintiff, Appellee.
Sims & Lambremont, for Defendant, Appellant.
The plaintiff, R. Beltran, in January, 1894, by authentic act sold and conveyed to defendant, Leche, certain lands in the parish of St. James cultivated as a sugar plantation, and an additional tract of 251 22-100 acres of swamp land near the plantation. Following the description of the lands sold is the statement that it is the same property acquired by the vendor from David August and Paul Gauthreaux in February 1892.
Fifteen thousand dollars is mentioned as the consideration of the sale, of which three thousand dollars was cash, and for the remainder, six notes were executed by the purchaser, each for two thousand dollars, the first maturing January 2, 1896, and one each subsequent January thereafter. A special mortgage and vendor's privilege was retained to secure payment of the notes.
The first two notes to mature were not paid, whereupon plaintiff sued out executory process in foreclosure of the mortgage and privilege.
The sale of the property was enjoined by defendant on the ground of a deficiency in the quantity of land conveyed to him.
He claimed that the consideration of the sale had failed to the extent of the 251 22-100 acres of swamp land, and that plaintiff had no title thereto at the date of the transfer to him. He asked a diminution of price and other appropriate relief.
The deficiency was represented to be due to the fact that William H. Aymar claimed to own and to be in possession of the swamp lands mentioned.
Defendant in the injunction proceedings (plaintiff in the original suit) met this by a general denial, and annexed to his answer an authentic act, executed by Aymar, in which he expressly disclaimed any right, title or interest in the lands which are described and referred to as the subject of the injunction suit herein. It is stated by Aymar that his object and purpose in executing the act is to remove any and all doubts as to the validity of the title to the lands conveyed by Beltran to Leche, and that he renounced in favor of Leche and Beltran, their heirs and assigns forever, whatever right, title or interest he then or theretofore had in the same.
It was shown that this act had been duly recorded in both the conveyance and mortgage records of the parish of St. James, and that no mortgages or other incumbrances affecting the land were of record in the parish in the name of Aymar, and that there were no outstanding antagonistic alienations of it, or any part of it, by him.
On this exhibit judgment was rendered dissolving the injunction and ordering the sheriff to proceed with the execution of the writ of seizure and sale, but condemning the defendant (Beltran) to pay the costs incurred since the filing of the petition for injunction.
Plaintiff in injunction appeals, and defendant, appellee, asks an amendment of the judgment, rejecting and dismissing outright the injunction proceedings.
It is claimed on behalf of the former that the documentary evidence offered by him on the trial shows a perfect outstanding title in Aymar to the two hundred and fifty-one and twenty-two-one hundredth acres of swamp land referred to, and because of this he is evicted therefrom and entitled to a diminution of price to the extent of the value thereof.
And it is urged that Aymar's disclaimer or renunciation of title is not a valid or legal alienation of property sufficient to protect plaintiff; that it is an attempted gratuitous disposition, not binding on the community of acquets and gains existing between Aymar and his wife; that it...
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Vincent v. Superior Oil Company, 7155.
...17th day of July, 1958. "Witnesses: "/s/ E. P. Riley /s/ Emile Vincent "/s/ Mrs. U. E. Hackett Emile Vincent" Relying on Beltran v. Leche, 50 La. Ann. 385, 23 So. 203; Burns v. Rivero, 192 La. 767, 189 So. 129, and State ex rel. New Orleans Land Company v. Register of Conveyances, 139 La. 4......
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Armstrong v. Bates
...claim through them.' The Supreme Court, after citing and quoting from 31 C.J.S., Estoppel, §§ 36, 37; LSA-Civil Code, Article 2236, Beltran v. Leche, 50 La.Ann. 385, 23 So. 203, 204; Watson v. Succession of Barber, 105 La. 456, 29 So. 949; Karcher v. Karcher, 138 La. 288, 70 So. 228; Burns ......
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Gary v. Bullock
... ... contracting parties and their heirs or assigns, unless it be ... declared and proved a forgery.' ... [19 So.2d 123] ... In Beltran v. Leche, 50 La.Ann. 385, 23 So. 203, 204, it was ... appropriately observed: '* * * The act executed by Aymar ... was not a donation inter vivos, ... ...
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Burns v. Rivero
... ... party from subsequently claiming that he was then the owner ... of the same note.’ Syllabus, Paragraph 1. In ... Beltran v. Leche, 50 La.Ann. 385, 23 So. 203, it was ... held that, where a third person disclaimed title by authentic ... act and the act was duly ... ...