Rice v. Schmidt
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT. This case arose on the application of the plaintiff for a monition, under the act of the 10th March, 1834, to assure the sale to him of a certain house and lot in the city of New-Orleans, made by the sheriff under an execution. The defendant, who was also defendant in the execution, made opposition, and averred the sale to be a nullity, not having been made in conformity to the judgment of the court.
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Eastern Dist. APPEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT. This case arose on the application of the plaintiff for a monition, under the act of the 10th March, 1834, to assure the sale to him of a certain house and lot in the city of New-Orleans, made by the sheriff under an execution. The defendant, who was also defendant in the execution, made opposition, and averred the sale to be a nullity, not having been made in conformity to the judgment of the court. The facts of the case are fully stated in the opinion of the Supreme Court, which follows. The district judge rendered judgment…
1Opinion of the Court
Carleton, «71,
delivered the opinion of the court.
In September 1833, John Rice and W. M. Lambeth, sold a lot of ground in the Faubourg St. Mary, for fifteen thousand dollars, to be paid in three equal instalments, at one, two and three years from the date of the sale, the vendors being secured by mortgage until final payment.
The purchaser having failed to pay the first instalment of five thousand dollars, the plaintiffs brought suit therefor; the defendant pleaded the general issue. The cause was submitted to the court, who gave judgment in favor of the plaintiffs for the amount of the first…
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