Andry v. Guyol

Decided December 15, 1838

Supreme Court of Louisiana · decided 1838-12-15

This case commenced by order of seizure and sale. The plaintiff sold, and conveyed to the defendant, Guyol, a lot of ground, in the city of New-O.rleans, by public act, dated the 11th of May, 1832, for the sum of ten thousand eight hundred dollars, payable in four equal annual instalments from the date of sale, with mortgage retained on the premises until complete.payment of the price.

Good law ✅— No negative treatment on recordhow we know

Decided 1838-12-15

How this case has been cited

Cited by 4 later decisions — most recently May 1918

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Carleton, J.,

¶1delivered the opinion of the court.

¶2The plaintiff'obtained an order for the seizure and sale of a lot of ground sold to the defendant, who failed to pay the price at the time stipulated by his contract. During his possession, the vendee built a house on the premises, of materials furnished by J. F. Miller.’ .While the proceeds of sale were yet in the hands of the sheriff, Miller intervened, and claimed the value of these materials as a privileged debt. The court below decreed in his favor, and the plaintiff appealed.

¶3The case was submitted to this court without argument or brief on either side.

¶4We have carefully examined the record, and are unable to perceive any error in the judgment of the District Court. Louisiana Code, articles 3234-5-6, and 3216.

¶5It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.