16 La. 333 | La. | 1840
delivered the opinion of the court.
Plaintiffs seek in this action to obtain a diminution of the price of a tract of land, by them purchased of the defendant Bordelon, on the ground of deficiency in the quantity of arpents of land sold them. An injunction was issued to stay the proceedings had under an order of seizure and sale of
It is contended on the part of the appellees, that this is not only a sale per aversionem, but that plaintiffs cannot complain, as they are in possession of more land than was really sold to them, and as titles have been shown to the front part of the land, containing, as it appears from the survey returned, one hundred and fifty arpents, and to the double concession of the same by purchase made by the deceased, from the government of the United States, under the law of Congress of the 15th of June, 1832, containing eighty-four acres.
The clause of the act in which the land sold is described, is as follows : “ A certain tract or parcel of land, on which the said Perot and wife resided, situate in that parish, on both sides of Red River, containing about two hundred and twenty arpents, more or less, bounded above on both sides of the . . river by lands of the purchasers, and below on the left by lands also belonging to them, and on the right by land of Antoine Lenoir.” We have just bad occasion to decide in J the case of Phelps vs. Wilson5 ante 185; what we consider to be a sale per aversionem, and that., as it has been often decided by this court, a sale of this kind does not give any right to the purchaser to demand a diminution of the price on the allegation of a deficiency in the measurement of the land. The sale in question appears to come within the definition, and this alone would perhaps be sufficient to defeat the plaintiffs’ pretensions. Louisiana Code, article 2471. 3 Louisiana Reports 90. 4 Idem., 534. 7 Idem., 452. 14 Idem., 497. But it has been shown, that the' deceased purchased and paid for the back land or double concession belonging to his
It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court he affirmed, with costs.