Legal Opinion

Stewart v. Paulding

Supreme Court of Louisiana

Decided January 15, 1833PublishedCited by 5 opinions

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT, The plaintiff sold at public auction a lot of ground with its improvements, situated in suburb St. Mary, at the corner 0f Gravier and Baronne streets, in the city of New-Orleans, measuring sixty-nine feet on Baronne street, one hundred and one feet and seven inches on Gravier street, and one hundred twelve feet and ten inches on the line adjoining Mr. Mioton.

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APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT, The plaintiff sold at public auction a lot of ground with its improvements, situated in suburb St. Mary, at the corner 0f Gravier and Baronne streets, in the city of New-Orleans, measuring sixty-nine feet on Baronne street, one hundred and one feet and seven inches on Gravier street, and one hundred twelve feet and ten inches on the line adjoining Mr. Mioton. The defendant became the purchaser for eleven thousand and eight hundred dollars, payable in six» twelve and eighteen months to be secured by endorsed paper and mortgage on the premises. The…

1Opinion of the CourtMathews, J.

This action is founded on the 2589th article of the Louisiana Code, found in the chapter which treats of sales by auction, &c. The suit is brought to recover the difference in the price of immovable property, which had been adjudicated *154• to the defendant, who, as alleged, is the proprietor, refused : to comply with the terms of sale; and in consequence of this refusal, the auctioneer sold the property a second time at his risk, for a price less than was obtained at the first adjudication.

The defendant suffered judgment to be entered by default, which was afterwards made final, on hearing of…

2Cited by5 opinions

  1. Watson v. FeibelSupreme Court of Louisiana · 1916
  2. Sewell v. WillcoxSupreme Court of Louisiana · 1843
  3. McMillan v. MillsLouisiana Court of Appeal · 1925
  4. Bonura v. DavidsonLouisiana Court of Appeal · 1919
  5. Pelayo v. HigginbothamLouisiana Court of Appeal · 1927

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