Legal Opinion

Delee v. Watkins

Supreme Court of Louisiana

Decided April 15, 1831PublishedCited by 5 opinions

APPEAL PROM THE COURT OF THE THIRD DISTRICT, THE JUDGE THEREOF PRESIDING. On the 24th of October, 1828, Watkins sold to Crawford a {lot of ground, and received in part payment, the note of the latter, secured by mortgage. The note was endorsed to the plaintiff, duly protested, and legal notice given. On the 21st August, 1829, the lot was sold to pay the state and parish taxes, and Gordon became the purchaser.

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APPEAL PROM THE COURT OF THE THIRD DISTRICT, THE JUDGE THEREOF PRESIDING. On the 24th of October, 1828, Watkins sold to Crawford a {lot of ground, and received in part payment, the note of the latter, secured by mortgage. The note was endorsed to the plaintiff, duly protested, and legal notice given. On the 21st August, 1829, the lot was sold to pay the state and parish taxes, and Gordon became the purchaser. The petition charged fraud and collusion between Crawford and Gordon, in causing the lot to be sold, and prayed for judgment against the maker and endorser — That the plaintiffs right of…

1Opinion of the Court

Martin. J.,

delivered the opinion of the court.

The two first named defendants are sued as maker and endosser of a promissory note, given for the price of a lot, secured by a mortgage on the premises. Gordon, the third defendant, who purchased the lot at a sheriff’s sale for taxes, is charged with having combined with the maker of the note, for the purpose of defrauding the plaintiff, and causing the lot to be sold for taxes pretended to be due, when Gordon purchased it for the taxes and costs only, in a sale which is averred to be fraudulent. The petition concludes with a prayer for judgment…

2Cited by5 opinions

  1. Burt v. Shreveport Ry. Co.Supreme Court of Louisiana · 1917
  2. McGee v. FinleyLouisiana Court of Appeal · 1953
  3. State Ex Rel. Woodard v. OzleySupreme Court of Louisiana · 1943
  4. United States v. President of the Bank of the United StatesSupreme Court of Louisiana · 1844
  5. Southworth v. City of New OrleansSupreme Court of Louisiana · 1872

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