Bonnette v. Wise

Citations

• 111 La. 855
• 35 So. 953
• 1904 La. LEXIS 572

Syllabus

<p>DEED ABSOLUTE—MORTGAGE—EVIDENCE—ACTION OE LESION—INADEQUACY OE PRICE —COUNTER LETTER.</p> <p>1.Yrhen plaintiff prays for a decree declaring a sale of real estate to be a mortgage, evidence admitted for the purpose of showing inadequacy of price is germane to the issue, but cannot be used, under a prayer for general relief, for the purpose of converting the action into one of lesion, the two demands being inconsistent. Winston v. Tufts, 10 La. Ann. 23.</p> <p>2. A.n action of lesion lies to rescind a sale of real estate with the pact of redemption, and the right of plaintiff in this respect should have been reserved.</p> <p>3. When the counter. letter shows that the purchaser was to become the absolute owner on the failure of the vendor to redeem, and where the purchaser went into possession of the property and exercised rights of ownership over it, mere inadequacy of price is not sufficient to justify the court in holding that the contract was not a sale but an hypothecation. The rem? edy, where the price paid is less than one-half of the value of the immovable estate sold, is by action of lesion.</p> <p>(Syllabus by the Court.)</p>