Reboul's Heirs v. Behren
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. This suit commenced by injunction: it was instituted by three of the heirs of Louis A. Reboul, to injoin the defendants’ execution, and the sheriff from selling three-eighths part of a tract of land which they inherited from their ancestor.
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APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. This suit commenced by injunction: it was instituted by three of the heirs of Louis A. Reboul, to injoin the defendants’ execution, and the sheriff from selling three-eighths part of a tract of land which they inherited from their ancestor. Reboul, in his life-time, purchased a tract of land from G. H. Behren, for two thousand dollars, payable by two instal-ments in the month of February, 1824-5, with ten per cent, interest thereon, and mortgage retained on the land until complete payment. In 1828, after…
1Opinion of the CourtMathews, J.
In this case it appears that the defendant had obtained a judgment against the heirs of Reboul, for the price of a tract of land sold to their ancestor, part of which remained unpaid at his death. Execution issued on that judgment, aiid the said tract of land was seized and finally sold ,on a twelve months’ bond, for an amount sufficient to satisfy the judgment' .and costs. One of the heirs was the purchaser, and gave his mother (who held property in community with them) as surety on the bond. They failed to pay the amount secured by the instrument, when it became due, and an execution issued…
2Cited by3 opinions
- La Gourgue v. SummersSupreme Court of Louisiana · 1844
- Succession of HeitzlerSupreme Court of Louisiana · 1873
- Dunlap v. SimsSupreme Court of Louisiana · 1847