Bailey v. Smith
Supreme Court of Louisiana
Western Dist. AITEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE THEREOF PRESIDING.
Read the full summary
Western Dist. AITEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE THEREOF PRESIDING. This is an action to recover the price of a house and lot, which the plaintiff alleges he sold to the defendant, for the sum of four hundred - and seventy dollars, with ten per cent, interest, from the 18th October, 1831. The interest to be paid by annual instalments, and the principal at the option of the purchaser, but the vendor retaining his mortgage until payment. He further shows, that Smith has absconded from the state, and left no known agent; wherefore, he prays…
1Opinion of the CourtMartin, J.
The plaintiff sues for the price of a lot of ground, and on his suggestion that the defendant was an absentee, a curator ■ad hoc was appointed to defend him. The -answer of the curator ad hoc states, that Smith, the defendant, repaired a dwelling house on the lot, and that the plaintiff, in his absence, entered on the premises and sold the house, which ■ was worth more than the price for which the lot had been sold.
The general issue was also pleaded, and the answer concluded by a plea in reconvention for damages occasioned by the unlawful conduct of the plaintiff, in thus entering on the…
2Cited by1 opinion
- First Nat. B. Bldg. Co., L. v. Dickson DennySupreme Court of Louisiana · 1943