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· 4/13/1903

Rocques' Heirs v. Levecque's Heirs

Citations

  • 110 La. 306
  • 34 So. 454
  • 1903 La. LEXIS 629

Syllabus

<p>SALE BY TUTOR — VALIDITY—TITLE ACQUIRED —NOTICE OF DEFECT — ESTOPPEL —PRESCRIPTION.</p> <p>1. The tutors sold the property claimed by the plaintiff heirs, who were minors, in payment, principally, of their personal indebtedness to the buyer.</p> <p>The buyer could not receive a valid title. All laws upon the subject are against such a purchase.</p> <p>2. The price, due as it was by the tutors personally, was wanting as between the minors, and the buyer. It follows, there was no title.</p> <p>3. The asserted sale did not have the essential, to wit, the price.</p> <p>4. The buyer must, under the law, be held to have knowledge of the defect of his title. •</p> <p>5. The possessor under a title void on its face, because violative of a prohibitory law, cannot claim the protection awarded by the law to purchasers who acquire on the face of the title conveying ownership.</p> <p>6. A defendant cannot controvert his author’s title. Each plaintiff and defendant trace their title to a common origin.</p> <p>7. The prescription of five years does not cure the nullity shown; nor that of ten years, the defect in the asserted title.</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that \the associational injury is the burden imposed on the targeted party members' ability to affiliate with their political party to carry out its activities and achieve its aims\
  • finding proof of partisan effect in \the fact that the Democratic candidate was elected in the three elections following the 2011 redistricting\
  • finding one justification incongruent with the \massive shifts of population and the specific targeting of Republicans\
  • finding partisan effect where the design of the district resulted in a large swing in PVI
  • considering notes prepared for the Senate President's \remarks to the State House and Senate Democratic Caucuses about the redistricting plan\ as evidence establishing intent
  • rejecting a proffered post hoc rationalization for a district's design as unsupported by the evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux

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