Dawson v. Duplantier
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE THIRD DISTRICT POR THE PARISH OF EAST BATON ROUGE, THE JUDGE OP THE DISTRICT PRESIDING. This case commenced by the executory proceeding.
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APPEAL PROM THE COURT OP THE THIRD DISTRICT POR THE PARISH OF EAST BATON ROUGE, THE JUDGE OP THE DISTRICT PRESIDING. This case commenced by the executory proceeding. The defendant, Madame Constance Rochon Duplantier, having sold to the plaintiff a plantation, slaves, and three hundred shares of Union Bank stock, took his seven promissory notes, payable in instalments of thirteen thousand two hundred dollars each, for the greater part of the price, secured by endorsement and mortgage on the premises, took out an order of seizure and sale, when the first note became due and was protested, for…
1Opinion of the CourtBullard, J.
The defendant having procured an order of seizure and sale against a plantation and slaves belonging to the plaintiff, upon which she had a mortgage, and privilege of vendor. The latter made opposition and obtained an injunction to stay proceedings, and prayed for a rescission of the sale of said property on the following grounds:
1. That the plaintiff had failed and neglected to comply with her contract, and to transfer to him the three hundred shares of stock of the Union Bank, which formed the principal motive for him to enter into the contract, and which stock' was secured by mortgage on…
2Cited by2 opinions
- Northwestern Bottle Co. v. RosenLouisiana Court of Appeal · 1927
- Keller v. McCalopSupreme Court of Louisiana · 1846