Legal Opinion

Williams v. Duer

Supreme Court of Louisiana

Decided March 15, 1840PublishedCited by 7 opinions

EASTERN DIST. .APPEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, JUDGE JOHNSON, THE JUDGE OF THE DISTRICT, PRESIDING. The plaintiff, in this case, obtained an order of seizure and sale against a plantation and slaves, known as the Arlington Place, the 20th May,- J839, for one instalment of the price. The present defendant made opposition, and obtained an injunction staying all proceedings on said order.

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EASTERN DIST. .APPEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, JUDGE JOHNSON, THE JUDGE OF THE DISTRICT, PRESIDING. The plaintiff, in this case, obtained an order of seizure and sale against a plantation and slaves, known as the Arlington Place, the 20th May,- J839, for one instalment of the price. The present defendant made opposition, and obtained an injunction staying all proceedings on said order. At the June term of the District Court following, the injunction was dissolved, and the defendant took .a suspensive appeal to the Supreme Court. On the 14th…

1Opinion of the CourtSimon, J.

The plaintiff is appellant from a judgment of the District .Court, dismissing and setting aside writs of sequestration and injunction, heretofore granted in his favor.

From the facts of the case, it appears that on the 20th of May, 1839, the plaintiff obtained from the district judge an order of seizure and sale of considerable property, consisting of a large plantation and a great number of slaves, by him sold to the defendant, and on which he had the vendor’s mortgage and special privilege, to secure the price thereof; that on the 25th of the same month, (the writ having issued on the 22d)…

2Cited by7 opinions

  1. State ex rel. Jennings-Heywood Oil Syndicate v. De BaillonSupreme Court of Louisiana · 1904
  2. Neilson v. PoolSupreme Court of Louisiana · 1841
  3. Farrar v. RowleySupreme Court of Louisiana · 1848
  4. Fink v. MartinSupreme Court of Louisiana · 1844
  5. Marchand v. SobralU.S. Circuit Court for the District of Eastern Louisiana · 1885

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