Berens v. Dupre

The judgment of the court was pronounced by

Preston, J.

On the 14th of December, 1849, Emeline Soule, sold all her real properly, worth about $3000, to the plaintiff, by an authentic act before a notary public. Pie assumed as the consideration of the sale, a mortgage upon the property for $500, in favor of Pierre Caillou, and agreed to pay her fifteen dollars a month in money, during her life. He made the payment in money daily, but about two months after the sale she died.

The defendant applied for the administration of her estate, at the instance of Cydalise and Minelte Tardos, who claimed to…