Fiske v. Fleming's Syndic
Supreme Court of Louisiana
APPEAR FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORREANS. This is an action for a diminution and refunding of part of the price of a tract of land, on account of a diminution of quantity.
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APPEAR FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORREANS. This is an action for a diminution and refunding of part of the price of a tract of land, on account of a diminution of quantity. The plaintiff shows, that at an auction sale, by the syndic of the creditors of John Fleming, f. m. c., in 1834, he purchased a sugar plantation, situated in the parish of Iberville, described in the prods verbal of the auctioneer, as having “ eight arpents front on the Mississippi river, forming about nine hundred and eighty superficial arpents, &c.,” and which was adjudicated to him for the sum…
1Opinion of the CourtBullard, J.
The plaintiff alleges, that he purchased, at a public sale, provoked by the defendant, as syndic of the creditors of one Fleming, a tract of land belonging to the insolvent, described as having a superficies of nine hundred and eighty arpents, with an incomplete second concession; that he complied with the conditions of the adjudication, but he finds that the plantation thus purchased, contains only about six hundred and twenty-nine arpents, instead of the quantity warranted. This suit is brought to recover back a part of the price, proportioned to the deficiency of land.
The plaintiff having…
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