Legal Opinion

Matthews v. Alsworth

Supreme Court of Louisiana

Decided March 15, 1893No. 11,218PublishedCited by 13 opinions

APPEAL from the Fourteenth District Court, Parish of Iberville. Talbot, J. 1. The sale of property carries with it all actions appurtenant to the property necessary for its enjoyment, but actions for damages suffered by the vendor before the sale are personal to him, and can not be recovered by the purchaser without express subrogation.

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APPEAL from the Fourteenth District Court, Parish of Iberville. Talbot, J. 1. The sale of property carries with it all actions appurtenant to the property necessary for its enjoyment, but actions for damages suffered by the vendor before the sale are personal to him, and can not be recovered by the purchaser without express subrogation. Clark vs. Warner, 6 An. 408, cited with approval in Payne vs. James, 42 An. 230. 2. The petition must contain a clear and concise statement of the object of the demand, as well as of the nature of the title, or the cause of action on which it is founded. It…

1Opinion of the Court

The opinion of the court was delivered by

Breaux, J.

The defendant was the lessee of Trinity plantation in 1887, and continued to be the lessee from year to year until 1890, when the owners, Mrs. Emory Olapp and her daughter, Mrs. Amory, made a new lease of the place to the defendant for five years, until 81st December, 1895, at an annual rental of $600 a year, represented by five notes, due 1st December of each year.

It embraced 1200 acres on the west of the Bayou Grosse Téte, and 1500 acres on the east, together with all the buildings and improvements, and fourteen mules, also the farming…

2Cited by13 opinions

  1. Eagle Pipe and Supply, Inc. v. Amerada Hess CorporationSupreme Court of Louisiana · 2011
  2. Prados v. South Central Bell Telephone CompanySupreme Court of Louisiana · 1976
  3. Taylor v. New Orleans Terminal Co.Supreme Court of Louisiana · 1910
  4. McCutchen v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1907
  5. Gumbel v. New Orleans Terminal Co.Supreme Court of Louisiana · 1941

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