Davis v. Jelks

The plaintiff having bought of the defendant certain lots in the town of Bastrop, the latter procured an order of seizure and sale for the credit portion of the price, after the first installment had fallen due.

The plaintiff enjoined the order upon the allegation that he was defrauded in the purchase, and that the defendant, Jellcs, was really not the owner of the lots, the title thereto being in the parish of Morehouse. lie does not allege any eviction or even disturbance.

Since his petition in injunction was filed, it appears that the plaintiff has pro-' cured a relinquishment of the title…