10 La. Ann. 259 | La. | 1855
The defendants are appellants from a judgjnent, rendering theme liable as warrantors of the title to a tract of land from which, the plaintiffs have been evicted. The only question presented by the appeals .whether the Article 2482 of the Civil Code, which determines the extent off the warrantor’s liability, has been violated by the judgment appealed.,from. The appellants contend that the verdict of the jury was not sanctioned by that article, inas--.. much as they have been condemned, as warrantors,Jna larger sum, than thq^
The evidence shows that the land had increased in value in 1839, at the time of the eviction, and was then worth as much as the jury have allowed; the value of the 80 acres, proportionably to the total price at the time of the sale, was $100, and the plaintiffs have been allowed $140 for the increased value above the original price. The only question, therefore, is whether that increased value can be allowed, as forming part of the damages for which the vendor may be made liable.
This question was fully discussed by our immediate predecessors, in the case of Barrow v. Price, 6th An. 297. It had been held in the case of Bissell and wife v. Erwin's Heirs, 13 L. R. 147, that under the new Code, Art. 2482, which entitles the vendor, in case of eviction, to recover all the damages he has suffered, besides the price which he has paid; that such increased value of the thing sold, above the price of the original sale, as the parties might have reasonably anticipated at the time of the sale, ought to form part of the damages for which the vendor is liable on his warranty. We'consider the law as being now settled differently by the decision in the case in the 6th Ann. referred to, in which it has been held that the damages do not extend to the increased value of the property, which has been caused by the fluctuation in the estimated value of it.
It is therefore ordered and decreed, that the judgment of the Court below be reversed, and proceeding to render such judgment as should have been rendered in the Court below, it is ordered and decreed that the plaintiff, Amy B. Quil-lin, individually and in his capacity of tutor, recover from the defendants, Elizabeth Yair, wife of O. D. Strickland, sen.; Barba/ra Fair, wife of John Burton; Delia Amacher, wife of O. E. Strickland; Elizabeth Amaeker, wife of George W. Womack, and Thomas Scott Amaeker, the sum of one hundred dollars, with legal interest thereon from the 1st day of January, 1840, until paid, with costs in the several courts; and that the plaintiffs and appellees do pay the costs of their appeal.