Johnston v. Quarles
Supreme Court of Louisiana
APPEAE FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. The plaintiff purchased a tract of land from the defendant, lying in the parish of Rapides, which is stated in the act of sale, dated 28th May, 1829, to contain three hundred and twenty superficial arpens, for five thousand dollars. He now alleges that the tract is short of the quantity sold, forty-five arpens, which is a diminution of more than one-twentieth part of the tract conveyed.
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APPEAE FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. The plaintiff purchased a tract of land from the defendant, lying in the parish of Rapides, which is stated in the act of sale, dated 28th May, 1829, to contain three hundred and twenty superficial arpens, for five thousand dollars. He now alleges that the tract is short of the quantity sold, forty-five arpens, which is a diminution of more than one-twentieth part of the tract conveyed. He prays to have the price diminished pro rata for the quantity of forty-five arpens, which will amount to more than seven hundred…
1Opinion of the CourtPorter, J.
The plaintiff states that he purchased a tract of land from the defendant, which the act of sale described as containing three hundred and twenty arpens. That since the purchase he has discovered by actual survey that the boundaries called for, only embrace two hundred and seventy-five arpens. He prays judgment against her for the deficiency.
The answer avers that the sale was made in reference to limits and boundaries, and not to quantity. It further alleges that the plaintiff was well acquainted with the premises when he bought, and that the defendant was not.
There was judgment in the court…
2Cited by8 opinions
- Passera v. City of New OrleansSupreme Court of Louisiana · 1928
- Adams v. SpillmanLouisiana Court of Appeal · 1974
- Wiggs v. Warren Realty Co.Louisiana Court of Appeal · 1956
- Long-Fork, L.L.C. v. Riviere, L.L.C.Louisiana Court of Appeal · 2008
- Long-Fork, LLC v. Petite Riviere, LLCLouisiana Court of Appeal · 2008
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