Legal Opinion

Strong v. Rachal

Supreme Court of Louisiana

Decided October 15, 1840PublishedCited by 2 opinions

APPEAL prom' THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE rARISH OF NATCHITOCHES, THE JUDGE THEREOF PRESIDING. This suit commenced by injunction.

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APPEAL prom' THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE rARISH OF NATCHITOCHES, THE JUDGE THEREOF PRESIDING. This suit commenced by injunction. The plaintiff and defendants, A. & I. Rachal, entered in(o a writfen contract by notarial act, the 16thFebruary, 1836, in which the Rachals sell to the former their pre-emption right to one hundred and sixty acres of land, in the parish of Natchitoches, for the sum of five thousand three hundred dollars, payable in two instalments, for which Strong gave his two promissory notes, with a surety. The first for one thousand five hundred dollars,…

1Opinion of the Court

Garland, J,,

delivered the opinion of the court.

This is an injunction to arrest the execution of an order of seizure and sale, obtained by the Rachals, to have seized and sold a tract of land which, they allege, they sold to Strong, on which a mortgage was retained. The plaintiff in this suit says, A. & I. Rachal engaged to make him a complete title to the land, which they have not done. That they have no title to it, and the interest they may have or had is such a as is not subject to mortgage, and they cannot sell it under an order of seizure. The evidence shows the land be-to *-he United…

2Cited by2 opinions

  1. Baillio v. BurneySupreme Court of Louisiana · 1842
  2. Ratcliff v. BridgerSupreme Court of Louisiana · 1841

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