May v. New Orleans & Carrollton Railroad
Supreme Court of Louisiana
APPEAL from the Oivil District Court for the Parish of Orleans. Bightor, J. 1. Title by purchase. — May never parted with his title to the property involved in this suit. The sale of a railroad and appurtenances does not pass any corporeal property, but only incorporeal easements or rights and privileges. Bouvier’s Dictionary, “Appurtenances,”, and authorities there cited.
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APPEAL from the Oivil District Court for the Parish of Orleans. Bightor, J. 1. Title by purchase. — May never parted with his title to the property involved in this suit. The sale of a railroad and appurtenances does not pass any corporeal property, but only incorporeal easements or rights and privileges. Bouvier’s Dictionary, “Appurtenances,”, and authorities there cited. Besides, in this case, the language of the act of sale excluded this property. 2. The attempted sale by the United States to certain parties was null and void because there were no advertisements, no auction sale, no…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
The pertinent and controlling facts in the case are as follows:
On the 12bh of April, 1866, G. T. Beauregard leased the railroad belonging to the New Orleans & Carrollton Railroad Co., for the term of twenty-five years, with the stipulation that the same should be converted from a steam into a horse railroad at the expense of the lessee, and with the further stipulation that at the expiration of the lease the road and improvements should revert to the lessor.
*448Thomas P. May and A. C. Graham signed the lease as sureties of the lessee.
On April 18,…
2Cases cited6 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Erwin v. United StatesSupreme Court of the United States · 1878
- Clark v. ClarkSupreme Court of the United States · 1855
- Baca v. RamosSupreme Court of Louisiana · 1836
- Skillman v. PurnellSupreme Court of Louisiana · 1832
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3Cited by8 opinions
- Fossier v. American Printing Co., Ltd.Louisiana Court of Appeal · 1961
- Hayes v. MullerLouisiana Court of Appeal · 1962
- Leathem & Smith Lumber Co. v. NaltySupreme Court of Louisiana · 1902
- Succession of ChapmanSupreme Court of Louisiana · 1954
- Darden v. CoxLouisiana Court of Appeal · 1962
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