Weathersby v. Springfield Lumber Co.
Weathersby v. Springfield Lumber Co., 75 So. 416 (La. 1917).
Cited by
- Marshall v. Wells 381 So. 2d 551 La. Ct. App. 2d Cir. 1980
- State v. Guillory 9 So. 2d 450 La. 1942
- Tillery v. Fuller 182 So. 683 La. 1938
- Berry v. Franklin State Bank & Trust Co. 173 So. 126 La. 1937
- State v. Florane 154 So. 417 La. 1934
- State v. Simmons 120 So. 612 La. 1929
- State v. Dundas 121 So. 586 La. 1929
- State v. Toliver 113 So. 222 La. 1927
- Louisiana Sulphur Mining Co. v. Brimstone R. & Canal Co. 79 So. 324 La. 1918
Authorities cited
Identified automatically; this list may not be exhaustive.
- Brownson v. Weeks 47 La. Ann. 1042
- Mulford v. Wimbish 2 La. Ann. 443
Opinion text
PROVOSTY, J. Plaintiff sues to annul a sale of real estate made by her without the authorization of her husband. The suit is brought more than five years after the death of the husband, and defendant pleads prescription, under article 3542, C. C.,, which provides that actions for the nullity or rescission of contracts are prescribed by five years. The only difficulty in the case arises from the fact that article 2221 of the Code provides that; “In all cases in which the action of nullity or of rescission of an agreement is not limited to a shorter period by a particular law, that action may be brought within ten years.” The apparent conflict between these two articles was very fully considered in Brownson v. Weeks, 47 La. Ann. 1042 , 17 South. 489 , where it was held that article 3542 applied to all cases .where the ground of nullity was the incapacity of the person contracting. Plaintiff’s learned counsel invokes the earlier case of Mulford v. Wimbish, 2 La. Ann. 443 , and other cases, but all this was threshed out in Brownson v. Weeks, and going once more over the same ground would serve no useful purpose. Judgment affirmed at appellant’s cost.