Legal Opinion

Phelps v. Wilson

Supreme Court of Louisiana

Decided October 15, 1840PublishedCited by 9 opinions

APPEAL PROM THE COURT OP THE SIXTH DISTRICT, POR THE PARISH OP RAPIDES, JUDGE KING OP THE PIFTII PRESIDING. This is an action by the purchaser against the vendor, to recover the sum of five hundred dollars, as (he proportionate diminution of the price, to the proportion of diminution in quantity of a tract of land, sold by the defendant to the plaintiff.

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APPEAL PROM THE COURT OP THE SIXTH DISTRICT, POR THE PARISH OP RAPIDES, JUDGE KING OP THE PIFTII PRESIDING. This is an action by the purchaser against the vendor, to recover the sum of five hundred dollars, as (he proportionate diminution of the price, to the proportion of diminution in quantity of a tract of land, sold by the defendant to the plaintiff. The plaintiff alleges that, in January 1839, he purchased a tract or fractional section of land, as containing eighty nine and a half acres, a:t the- rale of twenty-five dollars per acre, for the sum of two thousand two hundred and…

1Opinion of the CourtSimon, J.

The object of this action is to recover the sum of five hundred dollars, which the plaintiff estimates to be the value of the deficiency, by him found, in the measurement of a tract of land which he purchased of the defendant.

It appears from the evidence, that the tract sold is described in the act of sale, to be “a parcel of land situate, lying and being in the parish of Rapides, on the south side of Red River, being section number 26, township 3 north, range 1 east, containing eighty-nine 50-100 acres, agreeably to the register’s certificate, number 2036, together with all the improvements…

2Cited by9 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. Williams v. BernsteinSupreme Court of Louisiana · 1899
  3. State v. BuckSupreme Court of Louisiana · 1894
  4. Fitzgerald v. HylandSupreme Court of Louisiana · 1942
  5. Depue v. SergentWest Virginia Supreme Court · 1883

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