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22 La. Ann. 410

Chastant v. Strong

Supreme Court of Louisiana

Decided May 15, 1870

Supreme Court of Louisiana · decided 1870-05-15

<p>•A twelve months’ bond, given by the purchaser of property at sheriffs sale, being an unconditional obligation to pay money at a specified time, is prescribed in five years from maturity.</p>

Decided 1870-05-15

Howell, J.

¶1The question in this case is, whether or not a twelve months’ bond, given by the purchaser of property at sheriff’s sale, is prescribed by five years.

¶2It is a written obligation to pay a person therein named, absolutely -and unconditionally a certain sum of money at a time specified therein. The additional stipulations refer only to the remedy or means of • enforcement in case of its non-payment at maturity.

¶3It is within the class of written instruments declared, in the case of the Bank of Louisiana v. D. P. Williams and wife, 21 An. 121, to be prescribed as promissory notes.

¶4It is therefore ordered that the judgment appealed from be reversed, ■and that the injunction sued out by Pierre Ramirez herein be perpetuated, with costs in both courts.

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