Bonnabel v. First Municipality
Supreme Court of Louisiana
APPEAL from the Third District Court of New Orleans, Kennedy, J. The jurisprudence of Rome held, that it was not the duty of the vendor to make the purchaser owner of the thing sold, but simply to put him in possession, and afterwards to protect him against eviction. Dig. 18, 1, 28, De contrk. em.pt. Sfc.
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APPEAL from the Third District Court of New Orleans, Kennedy, J. The jurisprudence of Rome held, that it was not the duty of the vendor to make the purchaser owner of the thing sold, but simply to put him in possession, and afterwards to protect him against eviction. Dig. 18, 1, 28, De contrk. em.pt. Sfc. This doctrine was generally followed in France, until the Napoléon Code, which adopted another princple, vizi that the true object of every sale was to render the purchaser owner of the thing sold, and not simply to put him in possession of it. Tropbng, Vente, no. 230, &c. Duranton, vol. 16,…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
In 1838, the plaintiff and one Cordova bought of the defendants a town lot, for the price of 383,500. The plaintiff subsequently acquired the share of Cordova, and paid the whole amount of the purchase money. His petition alleges that he has since discovered that the lot purchased by him, did not, at the time of the sale, belong to the First Municipality. He prays for a recision of the sale on that ground, and that the price be refunded to him. There was judgment in favor of the defendants, and the plaintiff has appealed.
The plaintiff relies…
2Cases cited2 opinions
- Moreau v. ChauvinSupreme Court of Louisiana · 1844
- Gillet v. RachalSupreme Court of Louisiana · 1844
3Cited by4 opinions
- Bonvillain v. BodenheimerSupreme Court of Louisiana · 1906
- Abney v. LevySupreme Court of Louisiana · 1929
- Carroll v. BoosahdaLouisiana Court of Appeal · 1951
- Bonvillain v. BodenheimerSupreme Court of Louisiana · 1906