Municipality No. One v. Leroy
Supreme Court of Louisiana
APPEAL PROM THE COMMERCIAL COURT OP NEW-ORLEANS. This is an action against the maker and endorser of a promissory note. The defendants admitted their signature, but denied that'^they were liable.
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APPEAL PROM THE COMMERCIAL COURT OP NEW-ORLEANS. This is an action against the maker and endorser of a promissory note. The defendants admitted their signature, but denied that'^they were liable. They also aver that the note sued on was given in part payment of seven lots of ground, sold with full guaranty to Urbain Leroy, one of the defendants, but that he has since discovered they are situated within the limits of the first section of the New-Orleans Draining Company’s operations, which has a mortgage and privilege on said lots given by the act approved March 19th, 1835, and he fears that…
1Opinion of the CourtMorphy, J.
The defendant, being sued on a note given for the purchase of some property in the rear of the city, resists payment on the ground that the lots sold to him by the plaintiffs are situate within the first section of the Draining Company; that the said lots were sold to him free from any mortgage or incumbrance, while the plaintiffs well knew that the company had a legal mortgage on the same; that he fears he may be evicted from the premises in consequence thereof. He prays that the sale of said lots be cancelled, or that the plaintiffs be decreed to give him good and sufficient security that…
2Cited by3 opinions
- Etta Contracting Co. v. BruningSupreme Court of Louisiana · 1913
- Ranney v. BurtheSupreme Court of Louisiana · 1860
- Long v. GrishamLouisiana Court of Appeal · 1929