Legal Opinion

Canal Bank v. Copeland

Supreme Court of Louisiana

Decided March 15, 1838PublishedCited by 1 opinion

Eastern Dist. APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This case comes up on a monition taken out of the Parish Court for the parish of New-Orleans, by John M‘Donough, to perfect a sale of a certain tract of land sold by the plaintiffs, under an order of seizure and sale against the defendant, at which he (M‘Donough) became the purchaser.

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Eastern Dist. APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This case comes up on a monition taken out of the Parish Court for the parish of New-Orleans, by John M‘Donough, to perfect a sale of a certain tract of land sold by the plaintiffs, under an order of seizure and sale against the defendant, at which he (M‘Donough) became the purchaser. See the case in 9 Louisiana Reports, 308. The defendant made opposition to the monition, and the Canal Bank and others were called in warranty to defend and support the purchaser’s title. The case turned upon the legality of the…

1Opinion of the CourtCarleton, J.

In May, 1833, the plaintiffs caused to be sold at public auction, a parcel of land, adjoining the village of Carrollton, containing seven hundred and seventy-seven acres, which were adjudicated to the defendant, the last and highest bidder, for twenty-six thousand dollars, payable in instal-ments for several successive years.

The purchaser having, failed to comply with the terms of the sale, the plaintiffs instituted suit against him in the court for the first district, which, on the 18th March, 1834, rendered in their favor the following judgment:

“ In this case, the jury having rendered a…

2Cited by1 opinion

  1. Montejo v. GordySupreme Court of Louisiana · 1881

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