Williams v. Duer
Supreme Court of Louisiana
Eastern Dist. APPEAIi FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST EATON ROUGE, JUDGE JOHNSON, THE JUDGE OF THE DISTRICT, PRESIDING. On the 20th of May, 1839, the plaintiff obtained an order of seizure and sale, against a plantation, known as the “ Arlington Place,” for the payment of a note of the defendant for eleven thousand dollars, given in part for the price.
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Eastern Dist. APPEAIi FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST EATON ROUGE, JUDGE JOHNSON, THE JUDGE OF THE DISTRICT, PRESIDING. On the 20th of May, 1839, the plaintiff obtained an order of seizure and sale, against a plantation, known as the “ Arlington Place,” for the payment of a note of the defendant for eleven thousand dollars, given in part for the price. The act of sale on which this order was granted, contained the usual clause of mortgage. The plaintiff, Williams, had previously purchased this estate at the probate sale of the succession of F. A. Browder,…
1Opinion of the CourtBullard, J.
The plaintiff, Williams, having procured an order of seizure and sale, was arrested in his progress, by an opposition and injunction on the following grounds : 1st, that the purchaser of the plantation and slaves was exposed to the risk of being disturbed by an outstanding mortgage in favor of the Bank of Louisiana, whose existence was not declared at the time of the contract, and against which the plaintiff, his vendor, is bound to warrant. 2d. That another mortgage on the same property still exists, to the amount of thirty-five thousand dollars, in favor of Wilkins & Linton ; and, thirdly,…
2Cited by9 opinions
- Jolley v. Vivian Oil Co.Supreme Court of Louisiana · 1912
- Duncan v. WiseSupreme Court of Louisiana · 1887
- Crusel v. BrooksSupreme Court of Louisiana · 1911
- Williams v. Bank of LouisianaSupreme Court of Louisiana · 1844
- Wells v. FilesSupreme Court of Louisiana · 1912
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