Lyons v. Woman's League

Citations

• 124 La. 222
• 50 So. 18
• 1909 La. LEXIS 456

Syllabus

<p>1. Partition (§ 30*) — Common Property — Minors.</p> <p>Where a surviving parent holding property in common with a minor child desires to have a particular part of the common property adjudicated to her, under article 343 of the Revised Civil Code, she must, under the provisions of that article, have not only the interest of the minor in that property adjudicated, but that interest together with that of the parent. Massey v. Steeg, 12 La. Ann. 78, 79.</p> <p>2. Vendor and Purchaser (§ 142*) — Sales— Breach by Vendor — Earnest Money — Return.</p> <p>Where it was stipulated in a promise of sale “that the one thousand dollars deposited by the proposed purchasers was earnest money, and should the sale fall through any fault of the vendor the one thousand dollars shall be returned to the purchaser with an additional one thousand dollars according to law,” and the proposed sale falls because of the vendor’s failing to tender a valid title, the stipulation recited must be enforced by the court. Jefferson Sawmill v. Iowa & Louisiana Land Co., 48 South. 428, 122 La. 983, and Legier v. Braughn, 123 La. 463, 49 South. 22.</p> <p>Breaux, C. J., dissenting in part.</p> <p>(Syllabus by the Court.)</p>