Legal Opinion

Moore v. Pontalba

Supreme Court of Louisiana

Decided May 15, 1839PublishedCited by 6 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL ^DISTRICT, JUDGE BUCHANAN PRESIDING. This is a possessory action, instituted by an injunction to prevent the sale of a tract of land, laid out into lots adjoining the city of New-Orleans, by the agent of Madame Pontalba, which is claimed by the plaintiffs, and of-which they-allege they were possessed as owners.

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL ^DISTRICT, JUDGE BUCHANAN PRESIDING. This is a possessory action, instituted by an injunction to prevent the sale of a tract of land, laid out into lots adjoining the city of New-Orleans, by the agent of Madame Pontalba, which is claimed by the plaintiffs, and of-which they-allege they were possessed as owners. The defendant averred she was in the legal possession of said tract of land, as owner, under a good and authentic title, and she prays that the injunction be dissolved, with heavy damages allowed her. The case was submitted to the district…

1Opinion of the CourtRost, J.

The plaintiffs alleged that they were disturbed in their possession of a certain tract of land which they held and possessed by a regular chain of conveyances from J. B. Macarty, to whom it had been granted in 1795, by the Baron de Carondelet, then governor of the province of Louisiana, and thalthe agents of the defendant had caused the same to be advertised to be sold in lots, at public auction, as her property.

The court of the first instance, enjoined the sale on their application.

The defendant pleaded the general issue, denied the plaintiff’s possession, and averred that herself and her…

2Cited by6 opinions

  1. Industrial Lumber Co. v. FarqueSupreme Court of Louisiana · 1926
  2. Breaux-Renoudet Cypress Lumber Co. v. ShadelSupreme Court of Louisiana · 1900
  3. City of New Orleans v. Union Lumber Co.Supreme Court of Louisiana · 1919
  4. Carrere v. City of New OrleansSupreme Court of Louisiana · 1926
  5. Industrial Lumber Co. v. FarqueSupreme Court of Louisiana · 1926

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