Legal Opinion

Houghteling v. Fisher

Supreme Court of Louisiana

Decided October 15, 1841PublishedCited by 3 opinions

Western Dis„ APPEAL PROM THE COURT Op THE TENTH DISTRICT, TOR THE PARISH OF NATCHITOCHES, JUDGE CAMPEELE OP THE DISTRICT PRESIDING. This is a redhibitory action. The plaintiff alleges, he purchased a slave named George from Mrs. Sarah E. Fisher, for $ 10.0,Q, That he is subject to redhibitory defects and vices, which entitle him to a rescission of the sale. He avers, he has tendered bach said slave to the agent of the defendant, who peremptorily refused to receive him.

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Western Dis„ APPEAL PROM THE COURT Op THE TENTH DISTRICT, TOR THE PARISH OF NATCHITOCHES, JUDGE CAMPEELE OP THE DISTRICT PRESIDING. This is a redhibitory action. The plaintiff alleges, he purchased a slave named George from Mrs. Sarah E. Fisher, for $ 10.0,Q, That he is subject to redhibitory defects and vices, which entitle him to a rescission of the sale. He avers, he has tendered bach said slave to the agent of the defendant, who peremptorily refused to receive him. He prays judgment for a rescission of the sale and return of the price, and 500 dollars in damages. The defendant pleaded the…

1Opinion of the CourtMorphy, J.

This suit was brought to obtain the rescission of the sale of a slave on the ground of redhibitory vices and maladies. The plaintiff at first obtained a verdict, but on a motion for a new trial, it was set aside. The second jury gave in their verdict in favor of the defendant. After an unsuccessful effort to set it aside, a judgment was entered, from which plaintiff has appealed.

He has drawn our attention to the affidavit he presented to the judge below, in support of his application for a new trial; he sets forth, in it, that previous to the institution of this suit he had made a formal…

2Cited by3 opinions

  1. Denton v. MurdockSupreme Court of Louisiana · 1843
  2. Fink v. MartinSupreme Court of Louisiana · 1846
  3. Cook v. Louisiana & Arkansas Ry. Co.Louisiana Court of Appeal · 1927

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