Legal Opinion

Mortee v. Roach's Syndic

Supreme Court of Louisiana

Decided March 15, 1835PublishedCited by 6 opinions

APPEAL PROM THE PARISH COURT, POR THE PARISH AND CITY OP NEW-ORLEANS, THE JUDSE OP THE CRIMINAL COURT PRESIDING, ad interim. This is an action in which the plaintiff, as vendor, demands the rescission of the sale, and re-possession of certain slaves sold to the insolvent debtor, and now in the hands of his syndic, having been ceded with the other property.

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APPEAL PROM THE PARISH COURT, POR THE PARISH AND CITY OP NEW-ORLEANS, THE JUDSE OP THE CRIMINAL COURT PRESIDING, ad interim. This is an action in which the plaintiff, as vendor, demands the rescission of the sale, and re-possession of certain slaves sold to the insolvent debtor, and now in the hands of his syndic, having been ceded with the other property. He shows that a mortgage was retained on the slaves, to secure the payment of the price, which is still unpaid; that the slaves were surrendered by the insolvent and are now in the possession of the defendant, who was appointed syndic by…

1Opinion of the CourtMartin, J.

The plaintiff in this case, demanded from his insolvent debtor, and the syndic appointed by the creditors, the rescission of a sale and the return of certain slaves, which were surrendered by the insolvent, and upon which a special mortgage had been retained for the price. He claimed the rescission on the ground that the price remained unpaid, and that in virtue of his mortgage, he had a right to take back the property sold. Judgment was rendered, denying him this privilege, and he appealed.

The plaintiff’s demand was resisted by the syndic of the insolvent, on the ground that the action could…

2Cited by6 opinions

  1. Ragsdale v. RagsdaleSupreme Court of Louisiana · 1901
  2. McKenzie v. BaconSupreme Court of Louisiana · 1889
  3. Mahle v. ElderSupreme Court of Louisiana · 1874
  4. Baker v. Belle-Chasse Land Co.Louisiana Court of Appeal · 1920
  5. Liquidators of Prudential Savings & Homestead Soc. v. LangermannSupreme Court of Louisiana · 1923

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