Phelan v. Wilson

Citations

• 114 La. 813
• 38 So. 570
• 1905 La. LEXIS 546

Syllabus

<p>VENDOS AND PURCHASER — DEEDS—CONSIDERATION — DESCRIPTION—VALIDITY.</p> <p>N., by authentic and duly recorded act, transferred the legal title to certain property to S., to be by him sold and the proceeds applied to the payment of N.’s debts. The property was accordingly sold, and the proceeds applied as directed to W., the act of sale being duly recorded with full and complete description.</p> <p>N. subsequently sold the same property to P., who brought a petitory action to recover it from W., on the ground, among others, that the description of the property in the act from Ñ. to S. was insufficient to carry the title, and because the consideration of that transfer was the withdrawal of a criminal prosecution against the transferror. Held that, under the circumstances, N. could not ignore the sale to W. and recover the property, nor could P. do so.</p> <p>(Syllabus by the Court.)</p>