Brian Ponder

February 19, 2009

Orr v. Walker, 236 La. 740, 109 So. 2d 7 (1959)
Facts: D approached P about the purchase of land stating that he had obtained a deed from
Talley for the land adjoining Ps property. D knew the conveyance from Talley was not a bona
fide conveyance. D falsely stated that he was going to occupy the premises as his home. P
would have never sold land to Talley because of their unfavorable prior dealings Orr v. Talley.
P sold because he thought he was getting rid of an undesirable neighbor. Talley was the real
party in interest behind the purported conveyance. Talley used D to negotiate the conveyance
for him. D claims no pecuniary gain from it.
Procedural history: P sued D to annul deed on the grounds of fraud and misrepresentation.
The trial ct found in favor of P, annulling the transfer. The Court of Appeal reversed and
dismissed. Writ granted.
Issue: Whether Ps petition sufficiently alleged practice of artifice respecting existing facts,
designed to cause inconvenience to P, grantor; and whether the conveyance can be annulled
based upon this?
Rule: A person may have his contract annulled when it has been obtained through the practice
of artifice by another designed to cause him inconvenience; the sustaining of pecuniary loss
isnt essential.
Holding: Yes; and yes.
Reasoning: The petition clearly alleged that at the time of purchase, D represented to P that it
was for his own use, but it was really in furtherance of a conspiracy with Talley to acquire the
property for him. So, the petitions shows that consummation of the sale depended on, and
resulted only b/c of Ds assertions that he had acquired Talleys property; that he exhibited to P
a purported deed, which was not a valid conveyance by Talley to him, but a fake instrument to
deceive P, that was supposedly destroyed after P executed conveyance to D.
Procedural result: Ct of Appeal judgment reversed & set aside; exceptions of no right & no
cause of action overruled; & case remanded to Ct of Appeal for its consideration of remaining
exceptions/merits.