New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-06-28
Local Intelligence.

THE TEHUANTEPEC GRANT AND A. e. SLoo.
suit for Sir Hundred thousand DoiidrsA suit has been
filed in tho Second District Court by Francisco
zeux Faeonet residing in the city of Mexico wherein
claims of A @. Sloo the of 100000 for advances
made said sloo to procure him the right of building
railroad across the lsthmus of Tehuantepec.
Petitioner alleges that said Soo being in the city Of
Mexico in the 1852 engaged in the endeavor pro-
cure from the Mexicsu Government the right of way
the Isthmus Of Tehuantepec and being DESTROYS
returning to the United States before the completion of
said business gave his procuration to VIM De Lee and
Angel lturbide authorizing them to contract for said
right OF way and to employ the services of such
as they might think proper to procure said right of
In pursuance of this procuration said VIM De Lee,
the 9Th of February 1852 made contract with the Mex
lean Government and by the terms thereof stipu
lated that the of 100000 should be paid to the SUI
preue Government in cash and further of $500 900
in monthly payments OF $4,000 William De hee not
being able to make any of these payments applied to
plaintiff for the amounts and agreed that If plaintiff
would pay them he de Lee would Jointly with the other
parties interested in said concession give to petitioner
pledge of the aforesaid concession grant right
of way and would bind all the property said Sloo for
the reimbursement of said advances and would give
bill of exchange for the amount at sixty days sight
Sloo in New Orleans. The money paid and the
tract sealed.
1t is alleged that soo afterwards approved the acts
his agent, VIM De Lee in the premises but refused to
honor the drafts for the money advanced by plaintiff
less the Mexican Government should ray the Tehuan-
tpec grant by treaty with the United states but provided
to honor the drafts Immediately the ratification Of the
treaty 1t is further alleged that after the ratification of
the treaty sloo refused to honor the drafts wherefore
this suit is brought for the amount Of 100000 with legal
interest from the 10th Of February, 1858.
FIFTH DISTRICT CoURT-Judge .fugustia. -
The following judgment rendered in this court yes
terday in the Of Glendy Burke His Creditors in
these words.
The complainant has moved that Warrck Martin.
Syndc Of the above estate show why he should not
execute Act of Conveyance to him of lot No g. de-
Quoting from the amount of his bid. viz SIS 600 the
amount Of the mortgage to the State Of Louisiana which
he contends makes part Of the price of adjudication The
Syndc in answer ayers that the amount Of plaintiffs bid
was over and above the amount Of the above mortgage
The Auctoneers certificate shows that lot No ad
jude ted to Michael Gernon for the price and of
S156O0
The terms Of sale as advertised, were as follows:
Terms Of sale in the above property, credit Of
six twelve eighteen and twenty four months and the
State Of Louisiana ETC. in yearly instruments up to the
year lS72 1t has been uniformly held by the Supreme
Court that in all judicial sales the adjudication must
strictly conform with the advertisement 1t must be
confessed that the above terms Of sale expressed
with that distinct cearness and efficiency Of words
which should be required in judicial advertisements In
order to avoid but still these
upon attentive and critical examination do certainly
convey TO the nnd the express conviction that certain
notes to be furnished aud that certain other
are TO be stunned by the purchaser.
The conjunction and % is connected and signifies that
part OF sentence is 70 be added to what preeedes
BY adopting the system advanced by plaintiff it would
necessarily follow that the whole price of adjudication is
TO be paid within twenytOur months whilst in reality
large proportion thereof to be paid in twenty years
The Syndc is certainly IN fault Tor not having employ
ed more comprehensive expressions in his advertisement
so that be who runs may read
The approximate similarity Of certain words which
to be found in the advertisement before this to wit with
those generally employed by the sheriff IN sales wherein
the assumptions constantly make part of he price of ad
judication must have undoubtedly msled the plaintiff
GerGon into the fair and honest conviction however mis-
taken, Of the right which he has set up.
Ii the maxim of law and morals fde e1tere is to ap
ply any where 1t should glarngly prevail in all those
transactions and sales which made under the author
y and BY officers of this court It is evident that there
has been and misunderstanding the part of Ger
to the price Of adudicationthis consisting
ia Of the essential points of the sale
THAT which was principal cause Of the same viz the
prcein such code article Isis nvalidates the
contract There is sale Thtref0ge it Is adiu1ged
and deoreed that the rule be dismissedthe syndc pay
ing all the costs.