Pontchartrain Rail Road v. Durel
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The Rail Road Company sue the defendant to compel a compliance with the adjudication of certain lots by them to him, and to recover the first instalment due thereon, being one-fifth of one thousand six hundred and eighty dollars. In the month of June 1832, the plaintiffs caused a tract of land called the Dascantel Plantation to be sold in,lots at public auction.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The Rail Road Company sue the defendant to compel a compliance with the adjudication of certain lots by them to him, and to recover the first instalment due thereon, being one-fifth of one thousand six hundred and eighty dollars. In the month of June 1832, the plaintiffs caused a tract of land called the Dascantel Plantation to be sold in,lots at public auction. The defendant bid one thousand six hundred and eighty dollars for five lots which were adjudicated to him, payable in one, two, three, four and five years. After the lapse of a…
1Opinion of the Court
Martin, 3.,
delivered the opinion of the court.
The plaintiffs are appellants from a judgment which rejects their pretensions to the price of several lots, which they caused to be put up at auction and which were adjudicated to the defendant. He resisted their demand on the ground that one fourteenth part of these lots was the properly of a minor, at the time the plaintiffs purchased them, and the minor’s title to an undivided fourteenth never passed to the plaintiffs, is still in him, and consequently the plaintiffs were unable to transfer it to their vendee, a circumstance which must have…
2Cases cited1 opinion
- Sassman v. AimeSupreme Court of Louisiana · 1821
3Cited by3 opinions
- Tessier v. RousselSupreme Court of Louisiana · 1889
- Colas v. DonaldsonLouisiana Court of Appeal · 1925
- Hibernia Bank & Trust Co. v. FitzgeraldLouisiana Court of Appeal · 1920