Taylor v. Pipes

The record exhibits the following facts:

In November, 1856, the defendant Pipes sold to Tait & Cleveland a tract of land in the parish of Morehouse, and retained the vendor’s privilege and a special mortgage thereon to secure the payment of the price. The act of mortgage does not contain the pact de non alienando. On the twenty-sixth of July, 1858, Tait & Cleveland made a partition between themselves of this tract of land. In March, 1864, Tait sold his portion of the land to B. W. and D. M. Burnham, who assumed to pay the mortgage debt due to Pipes as a part of the price of the sale to them.…