Levy v. Jacobs
Supreme Court of Louisiana
Eastern Dist. ArPEAX. FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff instituted this suit against, Samuel Jacobs, to rescind a sale of one-third undivided part or interest in thirteen squares or lots of ground, in the lower part of the city of New-Orleans.
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Eastern Dist. ArPEAX. FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff instituted this suit against, Samuel Jacobs, to rescind a sale of one-third undivided part or interest in thirteen squares or lots of ground, in the lower part of the city of New-Orleans. The sale was made in April, 1832, and in September, 1836, the defendant having failed to pay more than one-third part of the price, and after he became insolvent, the plaintiff sued for a rescission of the sale, without tendering or offering to refund the sum he had received in part payment. The syndic of…
1Opinion of the Court
Carleton, J.,
delivered the.opinion of the court.
This suit was instituted in September, 1836, for the rescission of the sale of one third part of thirteen squares of grotjnd, sold by plaintiff to the defendant, who failed to make *112the second and third payments on the price, when they became due.
The syndic is not discharged by the homolo-gation of his tableau of repartition, when the judgment is silent as to his discharge, although he prayed tor it. As long as any thing remains to be done, the functions of the syn-dic continue. A cession made debtor, transfers andrigiitsw^is creditors, both…
2Cited by2 opinions
- Hayden v. Yale & BowlingSupreme Court of Louisiana · 1893
- Dwight v. SmithSupreme Court of Louisiana · 1844