Public-domain · open source
OpenJurist

12 La. 313

Conolly v. Bertrand

Supreme Court of Louisiana

Decided May 15, 1838

Supreme Court of Louisiana · decided 1838-05-15

Eastern Dist. APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is a redhibitory action to rescind the sale of a slave and recover back the price. The'plaintiffs allege that on the 8th of December, 1336, they purchased a negro woman, named Betsey, at auction, sold as the property of the defendant and by his directions, for the sum of seven hundred and forty-five dollars.

Cited by 1 later decisions (1 by the Supreme Court) — most recently May 1889

Good law ✅— No negative treatment on recordhow we know

Decided 1838-05-15

View the full empirical analysis of this case →

Carleton, J.,

¶1delivered the opinion of the court.

¶2This is an action brought to cancel the sale of a slave, alleged to be affected with idiocy at the time of the transfer.

¶3There was judgment for the plaintiff against his vendor, and in favor of the respective vendees, as far as the warranty was sought to be enforced ; two of the warrantors, Bienvenu and Petitpain appealed.

¶4The controversy turns mainly upon matters of fact, of which the jury were the proper judges, and we find nothing in the testimony that can impeach the correctness of their. . * 1 Verdict.

¶5' The counsel for Bienvenu, has assigned for error, that no interest was allowed the respective warrantors on the sums 1 by them paid. We do not, however, think they have any just *315ground of complaint, as each vendee had the services of the slave while in possession, and the use of the price as soon as sold.

¶6It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.

/12/la/313 · .json · Public domain