Board of School Directors v. Ober
Supreme Court of Louisiana
A PPEAL from the Thirteenth Judicial District Court, parish of Con-cordia. Hough, J. .First — The sale relied on by defendant as the basis of his bankrupt title and prescription, viz.: the sale by the parish treasurer to York & Hoover, is null and void upon the face of it. 1st. because it does not appear that the inhabitants of. said township ever gave their •consent to authorize the said sale.
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A PPEAL from the Thirteenth Judicial District Court, parish of Con-cordia. Hough, J. .First — The sale relied on by defendant as the basis of his bankrupt title and prescription, viz.: the sale by the parish treasurer to York & Hoover, is null and void upon the face of it. 1st. because it does not appear that the inhabitants of. said township ever gave their •consent to authorize the said sale. U. S. Statutes at large, vol. 5, p. 600 ; 12 A. 841; C. 0. 1797,1818,1798,1800,1811,1816,1945 ; 29 A.. 77. Second — Because it does not appear on said record that said section-was sold in lots of not…
1Opinion of the Court
The opinion of the court was delivered by
MANNING, C. J.
This suit is instituted to annul a sale of the 16th. section in township 4 range 9 E. in Concordia parish, made in August 1860, when it was adjudicated to York & Hoover, from whom the defendant derived title through mesne conveyances. The defendant excepted to the capacity of the plaintiff to sue for the revendication of this land.
The sale was made by Purvis, the treasurer of that parish and the terms were complied with. The cash portion of the price was paid into *419the State Treasury, and the notes, representing the credit instalments,…
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