Faulk v. Wooldridge
Supreme Court of Louisiana
APPEAL PROM THE SEVENTH JUDICIAL DISTRICT THE JUDGE OP THE SIXTH PRESIDING. ■: On the 33d of June 1826, the defendant Wm. Wooldridge and J. J. Bowie, executed their joint note to Viney Faulk for $600 — for the purchase of two tracts of land containing 440 arpens.
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APPEAL PROM THE SEVENTH JUDICIAL DISTRICT THE JUDGE OP THE SIXTH PRESIDING. ■: On the 33d of June 1826, the defendant Wm. Wooldridge and J. J. Bowie, executed their joint note to Viney Faulk for $600 — for the purchase of two tracts of land containing 440 arpens. The defendant Wooldridge acknowledged his signature to the note, but alleges in his answer that some of the land is in dispute, and is claimed by one Girod : and prays security against eviction, before he shall be compelled to pay the note : he also moved the Court for an order of survey to ascertain the quantity of land in dispute,…
1Opinion of the Court
Mathews J.
delivered the opinion of the Court.
This is a suit against one of the promissors on a note of hand, made by two persons in solido ; the signature of the defendant to the note was established, and judgment rendered against him, from which he appealed.
The promise was made in consideration of the purchase of a tract of land, which the defendant in his answer, alleges to be deficient in quantity. On the trial of the case he demanded an order of survey from the Court to ascertain that fact, which was refused, and a bill of exceptions taken. The Judge a quo refused the order, because the…
2Cited by1 opinion
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