Fazende v. Hagan
Supreme Court of Louisiana
Appeal from tbe District Court of tbe First District, Buchanan, J. The plaintiff sued to rescind the sale of a slave, war-rented free from all redhibitory defects, on the ground that he “ was in the habit of running away, and had been in that habit previous to the sale.” Tender of the slave was alleged, as well as the refusal of the defendant to receive him or to return the price. The notarial act of sale was annexed to the petition.
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Appeal from tbe District Court of tbe First District, Buchanan, J. The plaintiff sued to rescind the sale of a slave, war-rented free from all redhibitory defects, on the ground that he “ was in the habit of running away, and had been in that habit previous to the sale.” Tender of the slave was alleged, as well as the refusal of the defendant to receive him or to return the price. The notarial act of sale was annexed to the petition. A judgment by default having been taken, on an application to confirm it, one Fortier testified, that the slave, a boy of about ten years of age, ran away about…
1Opinion of the CourtMartin, J.
The defendant is appellant from a judgment in a redhibitory action on the sale of a slave, on the ground of his having run away within twenty days after the purchase. The petition alleges that he was in the habit of running away before the defendant sold him.
There is no evidence of this habit. The slave was ten years old only. He was found in the yard of the defendant, who is a negro trader. The plaintiff claimed the return of the price he had paid, but, on the defendant’s urging that the slave had been purchased, he took him back. Afterwards the slave absented himself a second time, and was…
2Cited by2 opinions
- Holcomb & Hoke Mfg. Co. v. TheodoraLouisiana Court of Appeal · 1925
- Lewis v. MorganSupreme Court of Louisiana · 1859