Bessy v. Pintado
Supreme Court of Louisiana
APPEAL FROM THE COURT OP THE THIRD DISTRICT, THE JUDOE OP THE SECOND PRESIDING. In 1814, the defendants, sold to the plaintiff with full warranty, a tract of land, containing two thousand one hundred and fifty superficial arpents, which was held by the vendors under a Spanish grant. In 1826, the claim was submitted to the land commissioners, who confirmed the plaintiff’s title to only six hundred and forty acres, which they caused to be surveyed.
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APPEAL FROM THE COURT OP THE THIRD DISTRICT, THE JUDOE OP THE SECOND PRESIDING. In 1814, the defendants, sold to the plaintiff with full warranty, a tract of land, containing two thousand one hundred and fifty superficial arpents, which was held by the vendors under a Spanish grant. In 1826, the claim was submitted to the land commissioners, who confirmed the plaintiff’s title to only six hundred and forty acres, which they caused to be surveyed. This act, on the part of the government, the plaintiff alleged amounted to an eviction, as to the quantity exceeding six hundred and forty acres.…
1Opinion of the CourtPorter, J.
This is an action in warranty. Thte petitioner purchased two thousand and some arpents of land from Pintado and Teyssett. They sold under a Spanish title, and the government of the United States have confirmed the vendee’s claim to a portion less than one-half of that acquired, by them, from their vendors.
The question is, whether this failure, hitherto of the general government, to confirm the whole title, amounts to an eviction of the plaintiff, and gives him a right of action 1
This question has been several times before the court, and decided in the negative. In the greater number of'…
2Cited by3 opinions
- Bonvillain v. BodenheimerSupreme Court of Louisiana · 1906
- Barton's v. HempkinSupreme Court of Louisiana · 1841
- Lanphier v. AdlerSupreme Court of Louisiana · 1907