Clark's Heirs v. Christ's Church

The facts are stated in the opinion of the court, delivered by

Martin, J.

The defendants are appellants of a judgement by which the plaintiffs have recovered two lots of ground in the possession of the former.

In 1810, the premises, which were then part of the commons of the city of New-Orleans, were adjudicated to Clark, the husband of one of the plaintiffs and the father of the others, on a perpetual and annual ground rent, payable quarter yearly.

By a special clause in the deed, it was agreed, that if Clark should fail to pay two consecutive instalments of the rent, he should lose all his…