Legal Opinion

Porter v. Depeyster

Supreme Court of Louisiana

Decided January 15, 1841Published

Appeal from the court of the first district. This is an action iu the nature of jactitation or slander of title. The plaintiff, originally Mademoiselle Oatnile Prieur, now widow Porter, residing at Toulouse, in Prance, and relict of the late Benjamin P. Porter, of New Orleans, alleges that being the lawful owner of two lots of ground in New Orleans, formerly held and owned jointVy by her late husband with William A. Depeyster, she has sold said lots, hut the defendant, ¥m.

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Appeal from the court of the first district. This is an action iu the nature of jactitation or slander of title. The plaintiff, originally Mademoiselle Oatnile Prieur, now widow Porter, residing at Toulouse, in Prance, and relict of the late Benjamin P. Porter, of New Orleans, alleges that being the lawful owner of two lots of ground in New Orleans, formerly held and owned jointVy by her late husband with William A. Depeyster, she has sold said lots, hut the defendant, ¥m. A Depeyster, son [352] of the late co-proprietor with her husband, pretends to have claims on these lots, to her great…

1Opinion of the CourtMokphy, J.

The petition charges, that plaintiff being the lawful proprietor of two lots of ground in the city of New Orleans sold one of them to Nathaniel Dick for $30,000, and the other to John Parker for $16,300; that without any just ground whatever, defendant pretends to have some claim on the said lots, to the great injury of the petitioner, who is thereby prevented from receiving a balance of the price yet due to her, because the purchasers hy reason of this pretended claim of defendant refuse to pay the same; that defendant has been amicably requested to desist from thus settingup any claim to…

2Cases cited1 opinion

  1. Denton v. ErwinSupreme Court of Louisiana · 1850

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