Lafarge v. Morgan
Supreme Court of Louisiana
Appeal from the court of the first district. On 26th March, 1821, the plaintiff sold to S. Packwood, a plan-1 1 tation in the parish of Plaquemine, “ with the 1 1 warranty fas the deed declares) of all debts, gifts, mortgages, evictions, alienations, & other incumbrances whatsoever.”
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Appeal from the court of the first district. On 26th March, 1821, the plaintiff sold to S. Packwood, a plan-1 1 tation in the parish of Plaquemine, “ with the 1 1 warranty fas the deed declares) of all debts, gifts, mortgages, evictions, alienations, & other incumbrances whatsoever.” The certificate Gf the recorder of mortgages, however, pro- ° ° r duced at the time of sale, shews that the plan-1 tation was subject to an incumbrance in favor ° Gf Albin Michel and his wife, of $55,000; t0 a general mortgage in favor of a ° s s judgment creditor, to the further amount of ° $1021 87 cents. The…
1Opinion of the CourtPorter, J.
The plaintiff sold on the 26th March. 1820, to Samuel Packwood, a plantation and slaves, for the sum of 110,000 dollars : 25,000 dollars of which was paid in cash, and for the *519balance, notes were given, indorsed bv ° . berry Dorsey. The act of sale contained; a warranty of all debts, gifts, mortgages, evictions, alienations, and other incumbrances whatever; — a declaration of the vendor, that according to the certificate of the register of mortgages, the land and twenty-nine of the negroes were hypothecated in favor of Al-bín Michel, for securing the sum of 55.000 dollars; and that he had…
2Cases cited1 opinion
- Emmerson v. GraySupreme Court of Louisiana · 1815
3Cited by6 opinions
- Daugherty v. Canal Bank & Trust Co.Supreme Court of Louisiana · 1934
- Penouilh v. AbrahamSupreme Court of Louisiana · 1891
- Succession of BoisblancSupreme Court of Louisiana · 1880
- Thompson v. MylneSupreme Court of Louisiana · 1849
- Kendig & Co. v. CampbellLouisiana Court of Appeal · 1884
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