Syndic of McManus v. Jewett
Supreme Court of Louisiana
APPEAL PROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS. This suit is brought by the syndic of the creditors of Francis McManus, an absconding debtor, to annul two acts of sale made by McManus to the defendant, of three lots of ground in New-Orleans, when on the eve of brankruptcy.
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APPEAL PROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS. This suit is brought by the syndic of the creditors of Francis McManus, an absconding debtor, to annul two acts of sale made by McManus to the defendant, of three lots of ground in New-Orleans, when on the eve of brankruptcy. The petition charges that McManus conveyed to John Jewett, of the city of New York, a lot of ground on Commerce street, by a public act, dated the 13th of February? 1833, and also two other lots by notarial act, dated the 30th of January, 1833; copies of which acts ar.e annexed to the petition. That the…
1Opinion of the CourtBullakd, J.
The plaintiff as syndic of the creditors of McManus seeks to avoid two sales of town lots made by the insolvent on the eve *536of his absconding, upon several grounds, which we shall proceed to notice in the order in which they have been argued.
In acts of sale or conveyance of immovable pro perty the sale is not complete until all the parties sign the act 5 and until all have signed those that first signed may re- Biit; in a contract of sale signed by the vendor and vendee in which the price and terms of payment are settled, the stipnlation that a third person named in the act, . will releaso a…
2Cases cited2 opinions
- Williams v. HaganSupreme Court of Louisiana · 1830
- Las Caygas v. Larionda's SyndicsSupreme Court of Louisiana · 1818
3Cited by14 opinions
- McDuffie v. WalkerSupreme Court of Louisiana · 1909
- Schneidau v. New Orleans Land Co.Supreme Court of Louisiana · 1912
- Harang v. PlattsmierSupreme Court of Louisiana · 1869
- In re Nereaux's EstateSupreme Court of Louisiana · 1904
- Marqueze v. CaldwellMississippi Supreme Court · 1873
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