Wells v. Blackman

Citations

• 121 La. 384
• 46 So. 437
• 1908 La. LEXIS 683

Syllabus

<p>1. Evidence — Parol Evidence Affecting Writings.</p> <p>It is in order that each of the parties to the making of a contract may express with exactness his own idea, and clearly comprehend that of the other, and to afford conclusive proof of the common understanding, that the art of writing and the expedient of the authentic act are resorted to; hence the recollection ,of one of the parties to a contract witnessed by an authentic act, unsupported by conclusive proof of fraud or error, cannot prevail against the terms of the act, and, a fortiori, is this true when the other contracting party is no longer living.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 20, Evidence, §§ 1756-1765.]</p> <p>2. Vendor and Purchaser — Payment of Purchase Money — Effect of Default.</p> <p>Where, by the terms of sale, by authentic act of immovable property, no part of the price is payable in cash, and the vendee, who is in possession at the time of the sale, so continues, the sale and delivery of possession are none the less complete because such vendee fails to make the deferred payments as called for by the contract; nor does the title revert to the vendor as a consequence of such failure.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 48, Vendor and Purchaser, § 84.]</p> <p>3. Estoppel — Estates Subsequently Acquired — Covenant Against Incumbrances.</p> <p>Where the vendor of immovable property warrants it'free of mortgage, he cannot be heard to set up against his vendee, or those claiming under him, a title subsequently acquired in foreclosure of a mortgage warranted against. Any title so acquired by the vendor will inure by way of estoppel to the use and benefit of the vendee and his heirs and assigns.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 19, Estoppel, § 101.]</p> <p>4. Persons Entitled to Claim by Prescription-Possessor in Bad Faith.</p> <p>Where immovable property is sold with warranty, and it, being thereafter sold under a mor