Harris v. Harris

Citations

• 109 La. 913
• 33 So. 918
• 1903 La. LEXIS 452

Syllabus

<p>FRAUD — SALE OF LAND — BONA FIDE PURCHASER — AGENT—RECOVERY OF LAND.</p> <p>1. The charge urged by plaintiff that one of the defendants, Hubbell, combined to defraud her and influence her, through his codefendant, Judson Harris, to sell her land, in order to buy it himself, is not sustained by the proof.</p> <p>■ 2. Plaintiff, having placed the property claimed by her in the name of one of the defendants, in order to enable him to sell it for her account, cannot recover against an innocent third person who bought the property from this defendant.</p> <p>3. It is not shown that the buyer from his co-defendant had knowledge of any understanding between his codefendant and plaintiff. Judgment is affirmed as to the defendant who bought from one to whom plaintiff had intrusted her land as vendee.</p> <p>4. In reference to the codefendant trusted by plaintiff, the facts and circumstances are different. Up to the date of the sale he had been the agent of plaintiff, and the sale was passed at his instance, better to enable him to sell the property.</p> <p>That part of the property which was in this defendant’s possession is to be delivered to plaintiff as her own, cum onere. The judgment as to this defendant is annulled, avoided, and reversed.</p> <p>(Syllabus by the Court.)</p>