Durel v. Boisblanc
Supreme Court of Louisiana
APPEAL from the Parish. Court of New Orleans, Maurian, J. cited Civ. Code, arts. 2010, 2535. Castera, for Boisblanc, cited 4 La. 312. The purchaser of immovable property oñ'whích a servitude is claimed by a third party, may suspend payment of the price until the seller has restored him to quiet possession.
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APPEAL from the Parish. Court of New Orleans, Maurian, J. cited Civ. Code, arts. 2010, 2535. Castera, for Boisblanc, cited 4 La. 312. The purchaser of immovable property oñ'whích a servitude is claimed by a third party, may suspend payment of the price until the seller has restored him to quiet possession. Civil Code, arts. 2536, 2477, 2487, 2041. Code Nap. arts. 1653, 1626, 1636, 1184. Auctioneers, at judicial sales, are bound to disclose the servitudes existing on the immovables they offer for sale. Civil Code, arts. 2496, 2499, 2523, 2602, 762, 763, 764. Code Nap. arts. 1641, 1645, 691,…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
The only questions in this case are of fact, as to the establishment of certain servitudes between two tenements, which, at the sale ofthe effects of a succession by an administrator, were purchased by different persons. There was no designation of the servitudes in the advertisements which .preceded the sale, nor was any declaration made of their existence by the auctioneer. The lots were described as having each thirty feet front French measure on Toulouse street, and as adjoining each other. The lot having a house on .it, which…
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