Legal Opinion

Municipality No. One v. Brothers

Supreme Court of Louisiana

Decided March 15, 1840PublishedCited by 2 opinions

APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action by Municipality No. One, to rescind the sale of a lot situated within its limits, to the defendant, on the ground that he has not complied with the terms of sale ; and that since the division of the city, the property reverts to the municipality in which it is situated. They pray for a rescission of the sale.

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APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action by Municipality No. One, to rescind the sale of a lot situated within its limits, to the defendant, on the ground that he has not complied with the terms of sale ; and that since the division of the city, the property reverts to the municipality in which it is situated. They pray for a rescission of the sale. The defendant pleaded a general denial; averred that the sale and adjudication gave him a good and valid title to the lot in question ; and that he had on his part been always ready to comply with the…

1Opinion of the CourtBullard, J.

This case is the same as that of the same plaintiff against Barnet, in all essential particulars, and involves the same questions, of law, see 13 Louisiana Reports, 344. No new arguments have been advanced to us, and we have seen no grounds for a change of opinion.

The judgment of the Parish Court, is, therefore, affirmed, with costs.

2Cited by2 opinions

  1. City of Gretna v. South New Orleans Light & Traction Co.Louisiana Court of Appeal · 1926
  2. First Municipality of New Orleans v. Commissioners of the General Sinking FundSupreme Court of Louisiana · 1842

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