3 La. Ann. 98 | La. | 1848
The judgment of the court was pronounced by
This case has already been before the Supreme Court, and was remanded for the introduction of evidence, which the court below had refused to admit. The facts are fully stated in the opinion of the court, in 4 Rob. 370.
The controversy grew out of a real estate speculation, entered into between John A. Merle, Theodore Nicolet, and the defendant. The subject was a lot of ground and improvements, and the price $30,000. The property was purchased in the name of the defendant, who bound himself to divide it into lots, effect sales thereof, and account to Merle and Nicolet, who took a counter-letter which was deposited in the office of Grima, the notary before whom the sale was passed. Pending the negociation, Nicolet informed the defendant that Jules Ze Blanc owned an interest in the property, which it was desirable to extinguish. For the purpose of purchasing that interest, Nicolet made notes for $10,000,.which were endorsed by the defendant. Those notes were discounted to the amount of $6,900, and the proceeds were paid to Jules Be Blanc for account of Nicolet. The defendant was subsequently obliged, as endorser, to pay those notes. Nicolet died, and in order to settle his rights in this property, Merle and the defendant agreed with his executor that the register of wills should make sale of the whole. The defendant became the purchaser at the price of $20,000. The executor now demands the whole price of an undivided third, alleging that purchasers at probate sale cannot compensate claims due them by the deceased, and that, for any advances the defendant has made, he is an ordinary creditor of the succession, which is shown to be insolvent. The judgment in the court below was in favor of the defendant, and the plaintiff appealed.
There is no error in the judgment appealed from.
Judgment affirmed.
Eustis, C. J. did not sit on the trial of this case, having been engaged as counsel.