Legal Opinion

Mader v. Fox

Supreme Court of Louisiana

Decided March 15, 1840PublishedCited by 4 opinions

APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This case comes up on an appeal from an order of seizure and sale, granted on a supplemental petition of the plaintiffs. The record shows, that Madame Fox, in January, 1837, purchased two lots of ground in faubourg Lacourse; No. 1, belonging to Madame Mader, for eight thousand five hundred dollars, and No. 2, belonging to P. E. Mader, the husband, for seven thousand five hundred dollars.

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APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This case comes up on an appeal from an order of seizure and sale, granted on a supplemental petition of the plaintiffs. The record shows, that Madame Fox, in January, 1837, purchased two lots of ground in faubourg Lacourse; No. 1, belonging to Madame Mader, for eight thousand five hundred dollars, and No. 2, belonging to P. E. Mader, the husband, for seven thousand five hundred dollars. The defendant assumed the payment of three notes given by P. E. Mader, for eight hundred and thirty-three dollars thirty-three and…

1Opinion of the CourtMartin, J.

This case comes before us on two appeals taken by the defendant. The first is from the dissolution of an injunction, staying proceedings on an order of seizure and sale; the second is from the refusal of the judge to set aside a supplemental petition, and a new order of seizure and sale obtained thereon.

1. The injunction was dissolved on account of the insufficiency of the oath on which it was granted, the parish judge being of opinion that it was not conformable to article 304, of the Code of Practice. In this opinion we concur, and support the judgment.

2. The appellant complains that the…

2Cited by4 opinions

  1. State v. Jefferson Island Salt Mining Co.Supreme Court of Louisiana · 1935
  2. Hortman-Salmen Co. v. High-Grade Realty Co.Louisiana Court of Appeal · 1930
  3. Hampton v. CantoneLouisiana Court of Appeal · 1922
  4. State v. Jefferson Island Salt Mining Co.Supreme Court of Louisiana · 1935

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