Kimbro v. Sarah Planting & Refining Co.

Citations

• 52 La. Ann. 1556

Syllabus

<p>Syllabus.</p> <p>The lessee chose to cancel and annul, for a consideration, a lease under which he was to hold a plantation for three years. This cancellation was brought about by one who refused to make advances to run the plantation unless same was made.</p> <p>Although the consideration to be paid for the annullment and cancellation was not paid at maturity, innocent third persons, not aw'are of the particulars of the transaction, can not be prejudiced in their interests by the fact that the consideration was not paid.</p> <p>The property, after the lease had been cancelled, was sold at public auction. The plaintiff stood by and permitted the property to be sold without making any claim. The defendant in possession acquired a title free from any claim of the plaintiff under his cancelled lease; and, as to the defendant not in possession, no action lies to compel it to surrender the possession of property the possession of which it has not.</p>