Farr v. Davis
Robert Farr v. John.R. Davis
Farr v. Davis, 5 La. 28 (1850)
Headnotes
A sequestration in a suit by vendee to recover slaves alleged to have been sold to him, will be set aside upon motion, where it appears from the face of the petition that the vendee has never paid the price, or put the vendor in default, and when the delivery had never been made to the vendee.
Summary
APPEAL by plaintiff from the District Court of Jefferson. Clarke, J. A motion was made in this case in the court of the first instance to set aside a sequestration. The decision of that court was as follows : “The defendant moves to set aside the sequestration issued on several grounds. Among others, that the averments of the affidavit and petition are insufficient. Considering that the plaintiff sues as vendee to recover the possession of slaves sold to him by defendant, and that it appears on the face of his petition that the plaintiff and vendee has never paid the price, nor put the vendor in default; and consequently is not entitled to the possession, delivery having never been made. The court orders that the rule be made absolute, and the sequestration set aside.”
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Opinion of the Court
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The judgment of the court (King, J. absent) was pronounced by Slidell, J.
For the reasons assigned by the district judge, it is decreed that the judgment of the district court be affirmed, with costs.
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