Legal Opinion

Hodge v. Moore

Supreme Court of Louisiana

Decided January 15, 1843PublishedCited by 6 opinions

Appeal, by the plaintiff, from a judgment of the Commercial Court of New Orleans, Watts, J. Morphy, 3. This suit is brought to recover the difference between the price at which two lots of ground were adjudicated to the defendant, and that which they brought on a re-sale at public auction, on his refusal to comply with and carry into effect the first adjudication.

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Appeal, by the plaintiff, from a judgment of the Commercial Court of New Orleans, Watts, J. Morphy, 3. This suit is brought to recover the difference between the price at which two lots of ground were adjudicated to the defendant, and that which they brought on a re-sale at public auction, on his refusal to comply with and carry into effect the first adjudication. It appears that the defendant, having purchased, in February, 1837, the two lots in question, submitted the plaintiff’s title to his counsel for examination. The latter found it good; but, in the meantime, a question was raised in…

1Opinion of the CourtMorphy, J.

We question much the correctness of the decision below. In a, government like our-s, every citizen is bound1 at his peril, to know the law applicable to'his case ; and' no one can-be permitted to allege his ignorance of the law. We incline- to-think that article 2535 does not contemplate- a case in which the-purchaser’s fear of being disquieted arises from his doubts on a-naked point of law, but one in which his apprehension results; from facts and circumstances connected with matters of law, which may render a title defective, or give to a third person some claim to or on the property he has…

2Cited by6 opinions

  1. McDonold & Coon v. VaughanSupreme Court of Louisiana · 1859
  2. Greater New Orleans Homestead Ass'n v. HarveyLouisiana Court of Appeal · 1935
  3. Hill v. Gandolfo Realty Co.Louisiana Court of Appeal · 1965
  4. Mente & Co. v. EliasLouisiana Court of Appeal · 1937
  5. Skolfield ex rel. Dalton v. RhodesSupreme Court of Louisiana · 1845

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