Beale's Heirs v. De Gruy
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. On the 25th of November, 1830, the plaintiffs, under an order of the Court of Probates, exposed to sale at public auction two slaves (the mother and daughter), which were struck off to the defendant, as the last and highest bidder for the price of $1160, payable in two equal instalments, for notes satisfactorily-endorsed with mortgage.
Read the full summary
APPEAL FROM THE COURT OF THE FIRST DISTRICT. On the 25th of November, 1830, the plaintiffs, under an order of the Court of Probates, exposed to sale at public auction two slaves (the mother and daughter), which were struck off to the defendant, as the last and highest bidder for the price of $1160, payable in two equal instalments, for notes satisfactorily-endorsed with mortgage. This suit was brought to compel the defendant to comply with the terms and conditions of the sale. The answer averred, that one of the slaves (the mother), was, at the time of the sale, and to the knowledge of the…
1Opinion of the CourtMathews, J.
This suit was brought to compel the defendant to comply with the terms and conditions imposed by a probate sale of the succession of Thos. Beale, at which he became the purchaser of two female slaves, a mother and her daughter, at the price of 1160 dollars, for which he was bound to give his promissory notes, satisfactorily endorsed, &c. orlé payable on the last of April, 1831, and the other on the last of April, 1832. The defendant justifies his refusal to give said notes on account of a redhibitory defect in one of the slaves purchased; and, in his answer, claims a recision of the contract…
2Cited by3 opinions
- Barkley & Co. v. Burguieres Co.Louisiana Court of Appeal · 1927
- Williams v. PalmgreenLouisiana Court of Appeal · 1986
- Fairchild Auto Co. v. ReedLouisiana Court of Appeal · 1915