Legal Opinion

Hodge v. Cleary

Supreme Court of Louisiana

Decided May 15, 1841PublishedCited by 3 opinions

APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS* This is an action to recover hack two lots of ground, in the city of New Orleans, which had been seized and sold, without the knowledge of plaintiff, for city taxes due the Second Municipality for paving the side walks.

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APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS* This is an action to recover hack two lots of ground, in the city of New Orleans, which had been seized and sold, without the knowledge of plaintiff, for city taxes due the Second Municipality for paving the side walks. The defendant claimed title under the Marshal’s sale for taxes, purporting to he made under the act of 1828. The law invoked says, “whenever any sum of money shall be due to the corporation of the City of New Orleans, by nonresidents who have no agent in the city, for city taxes, &c.,” the corporation after…

1Opinion of the CourtMorphy, J.

The plaintiff claims, as his property, tw.o lots of ground forming the corner of Estelle and Magazine streets, alleging that he has never parted with his title to the same, nor been legally divested of it. The answer avers that defendant has become the lawful owner of these lots by virtue of a sale made to him by the City Marshal, to satisfy a judgment of the City Court, by'which they were decreed to be sold for taxes due to the Second Municipality.

The record shows that the plaintiff was the lawful owner of the property in dispute by purchase from his brother William Hodge; that in the year…

2Cited by3 opinions

  1. Carmichael v. ArmorSupreme Court of Louisiana · 1841
  2. Villey v. JarreauSupreme Court of Louisiana · 1881
  3. Stafford v. TwitchellSupreme Court of Louisiana · 1881

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