Marbury v. Colbert

Citations

• 105 La. 467

Syllabus

<p>Syllabus.</p> <p>1. Redeemable sales of Immovable property, unaccompanied by delivery of the thing sold, will be considered, as between tbe parties, m tbe absence of evidence to the contrary, as mere contracts of security, and tbe vendee out of possession may take this position equally with the vendor.</p> <p>2. A sale which stipulates the equity of redemption — vente a remere — passes title to the purchaser, but to this end it is necessary that the vendee should give a real and reasonably adequate consideration and take actual possession of the property, or else that such explanation be forthcoming, when required, of the continued possession of the vendor as excludes the idea of his still-existing ownership.</p>