Bertaud v. Blouin

The plaintiff sued out an injunction in August, 1852, to prevent the collection of $6000 and upwards, being two-thirds of the price of land purchased by him from the defendant.

There are two grounds for plaintiff’s injunction. The first is a disturbance occasioned by the claim of Bloi Rebert to a portion of the land sold, (the said claim stated in the petition as seven acres, but proved by actual survey to be only four acres). The second ground of injunction is the existence of predial servitudes not disclosed at the time of sale.

Upon the first ground. The purchaser has in general the right to…