Ball v. Le Breton
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. The defendants in this case had adven their notes for a large ° property called the “ Rope Walk,” in New Orleans, belonging to the Balls, and sold by them to effect a partition. It was alleged there was a defect in the title of one of the late owners and that her interest had not been legally divested.
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Eastern Dis. APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. The defendants in this case had adven their notes for a large ° property called the “ Rope Walk,” in New Orleans, belonging to the Balls, and sold by them to effect a partition. It was alleged there was a defect in the title of one of the late owners and that her interest had not been legally divested. The notes of the purchasers were deposited in court to await the perfection of the title in all respects, but in the meantime the purchasers were in possession. See the case 15 La. Reports, 173. On the decision of the suit and…
1Opinion of the CourtBullard, J.
Two questions only have been presented for our solution in the present case. 1st. Whether the defendants are liable to pay interest at five per cent, from the maturity of their notes given for real estate, under the agreement between the parties, that *149the notes were to remain in deposit until certain defects in the title should be cured, and particularly since the defendants were disturbed in their enjoyment of tlmproperty bought, by theií'suit with Oakey or Hall; and 2dly. Whether the disturbance be such as authorizes them under the provisions of the Code to withhold payment until security…
2Cases cited3 opinions
- Daquin v. CoironSupreme Court of Louisiana · 1832
- Rowlett v. ShepherdSupreme Court of Louisiana · 1832
- Jiovellina v. MinorSupreme Court of Louisiana · 1830
3Cited by2 opinions
- Erwin v. GreeneSupreme Court of Louisiana · 1844
- Morris v. Executors of CainSupreme Court of Louisiana · 1887