Legal Opinion

Fiske v. Fleming's Syndic

Supreme Court of Louisiana

Decided April 15, 1840PublishedCited by 5 opinions

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…

2Cited by5 opinions

  1. Boddy v. HenrySupreme Court of Iowa · 1904
  2. Cornish v. Kinder Canal CompanyLouisiana Court of Appeal · 1972
  3. Davis v. MillaudonSupreme Court of Louisiana · 1865
  4. Office Center, Inc. v. TanenbaumLouisiana Court of Appeal · 1969
  5. McVea v. VanceSupreme Court of Louisiana · 1903

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