Barrow v. Cazeaux
Supreme Court of Louisiana
Eastern Dis. APPEAR PROM THE SECOND DISTRICT, THE JUDGE THEREOF PRESIDING. 1. The matters set forth in plaintiff’s petition, are not sufficient to support an injunction issued against an order of seizure and sale. Code of Practice, 739, 298,299, 300, 301, 302 and 303. Moreau's Digest, vol. 1, 229. sec. 9. Acts of 1828, 160, sec. 25; 150, sec. 2. Code of Practice, 610 and 612. Civil Code, 2205. 2. Pothier on Obligations, 592. Uavard vs. Stone, 5 Martin's Reports, JV.
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Eastern Dis. APPEAR PROM THE SECOND DISTRICT, THE JUDGE THEREOF PRESIDING. 1. The matters set forth in plaintiff’s petition, are not sufficient to support an injunction issued against an order of seizure and sale. Code of Practice, 739, 298,299, 300, 301, 302 and 303. Moreau's Digest, vol. 1, 229. sec. 9. Acts of 1828, 160, sec. 25; 150, sec. 2. Code of Practice, 610 and 612. Civil Code, 2205. 2. Pothier on Obligations, 592. Uavard vs. Stone, 5 Martin's Reports, JV. S. 126. 2. The allegation in the answer, that the matters set forth in the petition are not sufficient to support an injunction…
1Opinion of the Court
The facts of the case are fully stated in the opinion of the court delivered by
Pouter, J.
The defendant sold, by authentic act to the plaintiff, a tract of land, and took out an order of seizure and sale, to enforce payment of part of the purchase money.
The plaintiff, by his petition, alleges this writ issued improvidently, and should be enjoined on these grounds. He was induced to make the purchase of the land from a belief that it was high and elevated. The defendant exhibited a plat of survey, by which the tract bought was so represented; he was put in possession in conformity thereby, and…
2Cited by3 opinions
- Piper v. GrayLouisiana Court of Appeal · 1925
- Texas Co. v. CouvillonLouisiana Court of Appeal · 1936
- Brashear v. HazardSupreme Court of Louisiana · 1845