Municipality No. 1 v. Cordeviolle & Lacroix
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. This is an action to compel compliance with a sale and adjudication of certain lots of ground, which the Municipality No. One, caused to he sold at public auction in March, 1837, and the defendants were the highest and last bidders.
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Eastern Dis. APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. This is an action to compel compliance with a sale and adjudication of certain lots of ground, which the Municipality No. One, caused to he sold at public auction in March, 1837, and the defendants were the highest and last bidders. The plaintiffs claim the sum of $6,450 as due, and that the defendants he required to accept the act of sale tendered to them and give up their notes according to the terms thereof. The defendants set up several matters in defence, and particularly rely on the claim of the New Orleans Draining…
1Opinion of the CourtMartin, J.
The defendants are. appellants from a judgment, by which the plaintiffs recovered the price of certain lots adjudicated to the defendants, and for which the plaintiffs hold their notes.
It is not denied that the adjudication took place : It is admitted that the defendants left their notes with the nolaiy, but it is averred that no deed of sale was executed or signed by either of the parties. Payment is resisted on the ground that the lots were and are in possession of the Draining Company, which has a mortgage thereon for the value of their improvement of the ground, and that neither this…
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