State v. Hackley, Hume & Joyce

Citations

• 124 La. 854
• 50 So. 772
• 1909 La. LEXIS 555

Syllabus

<p>1. Sufficiency of Pleading.</p> <p>A pleader in the courts of this state has the right to make use of terms which are specifically defined by the law of the state, without giving the definitions, .and, in an action for the recovery of property, on the ground that the title was acquired by fraud, practiced upon plaintiff, the allegation that defendant is a holder in bad faith is, in effect, an allegation that he assumed, and is assuming, to be the owner of the property, well knowing that the title under which he claims is vicious or defective; and such allegation discloses a cause of action for the recovery of the property.</p> <p>2. Vendor and Purchaser (§ 299*) — Action to Recover Property — Tender of Price.</p> <p>Ordinarily it would be inequitable to permit the vendor to recover property sold by him, whilst retaining the price; but if the vendee has appropriated to himself the fruits and revenues of the property to an amount more than sufficient to reimburse the price, and if the circumstances are such as to entitle the vendor to demand an accounting so that, in the end, the vendee may be found indebted to the vendor, there is no reason, in equity or otherwise, why the vendor should be required to pay or tender the price, as a condition precedent to the maintenance of bis action for the recovery of the property. In such case, if, after trial, it is found that there is a balance of ^ account in favor of the vendee, he can be retained in possession until such balance be paid.</p> <p>(Syllabus by the Court.)</p> <p>On Rehearing.</p> <p>3. Cancellation oe Instruments (§ 24*) — Return of Consideration.</p> <p>Previous tender is not required in a suit to set aside a sale for fraud, especially where an accounting is demanded.</p> <p>4. Public Lands (§ 152*) — Rescission ■ of Sale — Return of Consideration.</p> <p>Failure to make a previous tender, in a suit by the state to set aside a sale of lands as fraudulent and making the decree conditional that the state restor