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22 La. Ann. 430

Castille v. Offutt

Supreme Court of Louisiana

Decided June 15, 1870

Supreme Court of Louisiana · decided 1870-06-15

<p>Ihe holder of a note given for land and slaves can only recover that portion which is ascertained to he for the land predicated on the entire price of the sale. Sandidge v. Sanderson, and Satterfield v. Spurlock, 21 An. 757, 771.</p>

Decided 1870-06-15

Howe, J.

¶1This action was brought to recover the last installment of ten thousand dollars, due on the purchase of .a plantation and slaves, and the evidence has satisfied us that the value of the slaves was one-fourth of the entire price. The question of law discussed by counsel has been settled in Sandidge v. Sanderson and Satterfield v. Spurlock, 21 An. 757, 771.

¶2The judgment from which the defendants have appealed is erroneous *431in allowing plaintiff to recover the whole amount of the claim; hut she-is entitled to recover three-fourths.

¶3It is therefore ordered that the judgment appealed from he reduced in amount to the sum of seven thousand five hundred dollars, with interest at eight per cent, per annum from February 4, 1859; that, as. thus modified, it he affirmed, and that the plaintiff pay the costs of appeal.

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