Babin v. Winchester
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE PARISH JUDGE, OF THE PARISH OF ASCENSION, PRESIDING. This is an action of warranty, instituted by the heirs and legal representatives of Charles Babin, deceased, to recover one thousand eight hundred and seventy-five dollars, the price of three'arpents of land by forty in depth, sold by the defendant to the ancestor of the plaintiffs, from which the latter was evicted, by a pre-existent mortgage.
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APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE PARISH JUDGE, OF THE PARISH OF ASCENSION, PRESIDING. This is an action of warranty, instituted by the heirs and legal representatives of Charles Babin, deceased, to recover one thousand eight hundred and seventy-five dollars, the price of three'arpents of land by forty in depth, sold by the defendant to the ancestor of the plaintiffs, from which the latter was evicted, by a pre-existent mortgage. The facts of the case show, that, on the 27th April, 1813, this tract of land, then consisting of four arpents by forty, on Bayou Lafourche,…
1Opinion of the CourtMathews, J.
This suit was instituted in the court below, by the plaintiffs, as heirs of Charles Babin, against the defendant, the seller and warrantor of a certain tract of land, described in the petition, to their ancestor. The object of the suit, is to recover from the warrantor damages, on account of eviction, *467from the property which was sold by him, in consequence of an hypothecary action, prosecuted against the vendor, based on a special mortgage, which had been retained in a sale made at auction, by the judge of the parish of Ascension, &c., at the instance of the heirs of a certain Nicholas…
2Cases cited2 opinions
- Pierce v. FlowerSupreme Court of Louisiana · 1818
- Tregre v. TregreSupreme Court of Louisiana · 1819
3Cited by6 opinions
- Colonial Financial Service, Inc. v. StewartLouisiana Court of Appeal · 1985
- France v. American BankLouisiana Court of Appeal · 1987
- Hughey v. BarrowSupreme Court of Louisiana · 1849
- Succession of FalconerSupreme Court of Louisiana · 1843
- Pleasants v. DunkinTexas Supreme Court · 1877
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