Lognion v. Fontenot

Citations

• 121 La. 901
• 46 So. 914
• 1908 La. LEXIS 770

Syllabus

<p>Estoppel — Equitable — Clothing Another with Apparent Title — Real Property.</p> <p>The plaintiff, a married woman, aided and assisted by her husband, conveyed to Doherty a small tract of land which belonged to her as separate property. The act of sale declared that the sale was made for cash, and that the price was received from the vendee. D., subsequently in an act of sale, transferred and conveyed the same property to Fontenot, the act of sale declaring that it was a sale made for cash, and that the price was paid by the vendee to the vendor. Fontenot took immediate possession. Several years later plaintiff brought this suit to have the sale made by herself to Doherty and the sale by Doherty to Fontenot set aside as nullities, on the ground that the first act of sale was not a sale, but a mortgage granted by her on her property to secure payment to him of a debt due by her husband, in violation of law, and that Fontenot had knowledge of that fact when be purchased from Doherty. The evidence established that Fontenot purchased in good faith and in ignorance of the relations between Doherty and the plaintiff and her husband, also, that when he bought the property the plaintiff and her husband were both present, and the plaintiff received herself the price of the sale directly from Fontenot.</p> <p>Hold, that plaintiff under the circumstances is estopped from attacking Fontenot’s title. See Colgin v. Courrege, 106 La. 688, 31 South. 144, and Nuss v. Nuss, 112 La. 277-279, 36 South. 345.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 19. Estoppel, §§ 189-197; vol. 26, Husband and Wife, § 738.]</p> <p>(Syllabus by the Court.)</p>