Mullins v. Hanneman
Supreme Court of Louisiana
Action by Edward Mullins against August I-Ianneman. Defendant bad judgment dissolving an injunction, which was affirmed by the Court of Appeal, and plaintiff applies for certiorari or writ of review to the Court of Appeal. Judgments of the Court of Appeal and district court set aside, and injunction perpetuated.
1Opinion of the CourtProvosty, J.
Plaintiff and relator bought 60 acres of land from defendant. In payment he gave $250 cash and his two notes of $250 each, due in one and two years, secured by vendor’s privilege and special mortgage on the property. He paid the first note at *645maturity. Shortly afterwards he discovered that, before the sale to him, his vendor had sold six acres of the land to another person. He then brought suit to have the sale to him set aside and the price returned. The court set aside the sale as to the six acres, and condemned defendant, the vendor, to return to plaintiff, the vendee, a proportionate part…
2Cited by3 opinions
- City of Montgomery v. BarefieldAlabama Court of Appeals · 1911
- Jackson v. BrewsterLouisiana Court of Appeal · 1936
- Norton v. WaltonCourt of Appeals for the Fifth Circuit · 1923