State v. Judge of the Third District
Supreme Court of Louisiana
AN ABDICATION FOR A MANDAMUS. This is an application for a mandamus to compel the judge of .the Third Judicial District holding court in the Parish of East Feliciana, to grant a suspensive appeal, without giving security except for costs, from a judgment dissolving an injunction, which one William Dunn had obtained against an order of seizure sued out by Robert Dyer on an act of sale and mortgage of a plantation and 21 slaves, sold by him to the former.
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AN ABDICATION FOR A MANDAMUS. This is an application for a mandamus to compel the judge of .the Third Judicial District holding court in the Parish of East Feliciana, to grant a suspensive appeal, without giving security except for costs, from a judgment dissolving an injunction, which one William Dunn had obtained against an order of seizure sued out by Robert Dyer on an act of sale and mortgage of a plantation and 21 slaves, sold by him to the former. The injunction was originally obtained under the 740th article of the Code of Practice, permitting injunctions to enjoin executory…
1Opinion of the CourtGarland, J.
delivered the following opinion of the court.
In the year 1839 Dyer by an authentic act sold Dunn a plantation and 21 slaves, situated in the parish of East Feliciana, for the sum of $21,000, payable in three equal installments. On account of the first payment, between five and six thousand dollars were paid, and the mortgage retained on the land released. In July, 1840, the parties entered into a written agreement to rescind the sale. Dunn was to reconvey the whole estate and account for the hire of the negroes and use of the other property ; Dyer was to account for various sums paid to him…
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