Martin v. Delaney

The'opinion of the court was delivered by

McEnery, J.

This suit was instituted to rescind, on account of lesion beyond moiety, the sale of a square of ground, in the Sixth District of New Orleans, by plaintiff to defendant.

The plaintiff purchased the property at tax sale, in 1885, for twenty dollars. In the act of sale there was the usual assumption by the purchaser to pay State and municipal taxes, with interest, on the property for the year 1880 and subsequent years.

In 1890 the plaintiff sold to the defendant the property for the price of one hundred and fifty dollars.

The defendant assumed…