Daunois v. Leeds
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE PARISH AND CITY OF NEW-ORLEANS. The defendant, at a public sale made by the plaintiff, as city marshal of New-Orleans, became the purchaser of a slave, and refused to pay the price or redeliver the property. This suit was brought to recover the price, or compel the defendant to restore the slave.
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APPEAL PROM THE COURT OF THE PARISH AND CITY OF NEW-ORLEANS. The defendant, at a public sale made by the plaintiff, as city marshal of New-Orleans, became the purchaser of a slave, and refused to pay the price or redeliver the property. This suit was brought to recover the price, or compel the defendant to restore the slave. T'he defendant set up the following grounds of defence: 1. That the marshal was without authority, to sell, as the City Court had no jurisdiction or right to issue process against real estate or slaves. 2. That the formalities required by law for the sale of slaves, were…
1Opinion of the CourtPorter, J.
The defendant who purchased a slave at a public sale, made by the plaintiff, marshal of the City Court, refused to pay the price, or redeliver the property to the petitioner.
He- is now sued for the price of the adjudication, with interest and costs; or to restore the slave and pay hire for him. His answer sets up various irregularities in the proceedings by which, as he contends, the sale was null and void.
If this defence be sustained by the facts, the defendant' must return the slave, for he cannot hold him under a sala which was void. If, on the contrary, the facts do not sustain it, then…
2Cited by2 opinions
- Henry v. CreditorsSupreme Court of Louisiana · 1894
- J. O. Terry & Sons v. Their CreditorsSupreme Court of Louisiana · 1886