Stevenson v. Brown
Supreme Court of Louisiana
A PPEAL from the Thirteenth Judicial District Court, parish, of East Carroll. Hough, J. .First — It is conceded in the answer of E. J. Brown, and not contradicted by H. B. Wade, “ that he was put in default for non-payment of the price.” 'This admission in the answer, and the production of the unpaid notes for the price, entitled plaintiff to a resolution of the sale and-' restoration of his property, as the court below very correctly decided.
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A PPEAL from the Thirteenth Judicial District Court, parish, of East Carroll. Hough, J. .First — It is conceded in the answer of E. J. Brown, and not contradicted by H. B. Wade, “ that he was put in default for non-payment of the price.” 'This admission in the answer, and the production of the unpaid notes for the price, entitled plaintiff to a resolution of the sale and-' restoration of his property, as the court below very correctly decided. Revised Code, articles 2671, 2045, 2046, 2047; 11 A. 656 ;. 14 A. 340 ; 23 A. 355 ; 24 A. 537 ; 28 A. 739 ; 12 A. 699. Second — The remedy of the…
1Opinion of the Court
The opinion of the court was delivered by
Spencer, J.
Stevenson in 1872 sold to defendant, Brown, a tract of land in Carroll parish for 12600, on credit of one, two, and three years,, taking Brown’s notes for the price. The act reserved vendor’s lien and mortgage, and contained the pact de non alienando. This act was-recorded in the conveyance book, but not in that of mortgages.
*463Certain creditors oí Brown seized the land, and it was sold to H. R. Wade, one of the defendants herein. No part of the price was ever-paid to Stevenson.
Having put Brown in default, he brings this suit to enforce…
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