Smith Thompson

“ The petition alleges that the proceedings under which the second sale was made were irregular and unlawful.
Should it be admitted that it was competent for the plaintiff to impeach this adjudication, and show that the proceedings were irregular and unlawful, the record contains no offer, at the trial, to show any irregularity or illegality in those proceedings; they must, at least, be taken as prima facie evidence of a judicial proceeding, to pass the title of land, according to the course and practice of the Spanish law in that province. ”

“ This is not even alleged in the petition; and, indeed, a contrary inference is to be drawn from what he does allege; for, he states, that although not bound to account for a greater sum than the price at which the land was sold to him, yet he will agree to pay not only that price, but any sum that shall be equivalent to the price for which the land sold on the second sale. ”

“ This cause came on to be heard on the transcript of the record from the district court of the United States for the eastern district of Louisiana, and was argued by counsel; on consideration whereof, it is ordered and adjudged by this court, that the judgment of the said district court be, and the same is hereby affirmed with costs. ”