Bagley v. Bourque

Citations

• 107 La. 395

Syllabus

<p>Syllabus.</p> <p>Where an act, purporting to be a sale of real estate, and a counter letter confirmatory of said act and according to the vendor the right to redeem the property within a time fixed, are annexed to, and made part of, a petition in which it is alleged that the transaction was intended merely to secure a loan, and it is not alleged that the money necessary to redeem the property was paid or tendered within the time allowed, or that the property was worth less at the date of the transaction than the amount received by the vendor, or that the vendor remained in possession, an exception of no cause of action is properly sustained to a demand that the vendor be decreed the owner of the property and restored to possession on payment of the amount received by him with interest.</p>