Melançon's Heirs v. Duhamel
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This action was originally commenced, to recover the price of a tract of land, sold at the probate sale of Melan^on’s estate, and purchased by the defendant Duhamel. The suit was instituted against Duhamel, and Latiolais, his surety. Before judgment, Duhamel was evicted of a large portion of the land, by Pierre Broussard.
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APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This action was originally commenced, to recover the price of a tract of land, sold at the probate sale of Melan^on’s estate, and purchased by the defendant Duhamel. The suit was instituted against Duhamel, and Latiolais, his surety. Before judgment, Duhamel was evicted of a large portion of the land, by Pierre Broussard. The defendants now pray for a rescission of the sale, and to be discharged from the contract. Duhamel being dead, the suit is continued by the curator of his estate, and his surety. The case…
1Opinion of the CourtMartin, J.
This case has been several times before this court. It becomes necessary to go back to the original contract, which gave rise to these proceedings, for a full understanding of the case. Duhamel purchased a tract of land, at the sale of the property of Melamjon’s succession, in 1819, and gave defendant Latiolais as his surety. The purchase money was payable on a credit, by instalments. On suit being brought against the defendants, for one of the instalments then due, they pleaded, that one Broussard had commenced a suit against them, for the same land, and that they were in great danger of…
2Cited by2 opinions
- Mallard v. DejanSupreme Court of Louisiana · 1893
- Broussard v. DickersonLouisiana Court of Appeal · 1964