Municipality No. One v. Barnett
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action instituted by the First Municipality, in 1837, for the rescission of the sale of certain lots within its limits, made by the corporation of New-Orleans, in 1833, at public auction, and which were adjudicated to the defendant.
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APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action instituted by the First Municipality, in 1837, for the rescission of the sale of certain lots within its limits, made by the corporation of New-Orleans, in 1833, at public auction, and which were adjudicated to the defendant. The plaintiffs allege, that the defendant failed to comply with the terms of sale, by making payments and giving his notes as required, and that he still refuses to comply after being put in mora, by the mayor, in neglecting and refusing to sign the act of sale. They pray that said…
1Opinion of the CourtRost, J.
In January, 1837, the plaintiffs instituted this action to rescind a public sale of town lots, made to the defendant, by the mayor, aldermen, and inhabitants of the city of New-Orleans, on the ground that he had failed to comply with the terms and conditions of the adjudication, and that he had not signed the act of sale.
The defendant denied all the allegations of the plaintiffs, which could entitle them in any manner to rescind the sale, and averred that he had always been ready to do all which in law he was bound to do, but that the plaintiffs were in fault. He prayed to be quieted in his…
2Cited by4 opinions
- City of Gretna v. South New Orleans Light & Traction Co.Louisiana Court of Appeal · 1926
- LeBlanc v. AndrewLouisiana Court of Appeal · 1986
- First Municipality of New Orleans v. Commissioners of the General Sinking FundSupreme Court of Louisiana · 1842
- Miltenberger v. City of New OrleansLouisiana Court of Appeal · 1884