Davis v. Millaudon
Supreme Court of Louisiana
from the District Court of St. Bernard, FouThouze, J. Upon reading the brief by counsel for defendant and appellee, your honors will perceive that the grounds upon which they rely to maintain the judgment of the court a quo, are substantially as follows: I. This honorable court erred in concluding that the tender of land was an admission that the thing itself is due. H. That the plea of tender was rightfully 'withdrawn. HI.
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from the District Court of St. Bernard, FouThouze, J. Upon reading the brief by counsel for defendant and appellee, your honors will perceive that the grounds upon which they rely to maintain the judgment of the court a quo, are substantially as follows: I. This honorable court erred in concluding that the tender of land was an admission that the thing itself is due. H. That the plea of tender was rightfully 'withdrawn. HI. That the sale from defendant to plaintiff was one per aversionem, '■ and therefore does not give rise to an action for a dimiwtion pf price, IV. That, if the sale was one…
1Opinion of the CourtInsiiEY, J.
This is an injunction suit, sued by Charles H. Davis, out of the Second Judicial District Court of the parish of St. Bernard, to stay proceedings via exeeutiva, which B. L. Millaudon was carrying on in the same court, for the collection of a mortgage note, given by Davis in part payment of the price of the Goiron Estate, which is described in the act of sale from B. L. Millaudon to C. L. Davis, as follows: “A certain sugar plantation known by the name of Goiron’s Estate, at about three miles; from the river Mississippi, said parcel or tract of land being and lying on both sides of the said…
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