The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-11-29


The following decisions were rendered in the Su-
preme Court on Monday the 9th instant:
Thomas Penney, appt. william r. Sommergile,
Francisco de p. Parra, interUenOr King J.. motion
made to dismiss this appeal the ground that the
script not filed within the delay fixed by the order Of the
Lower Court The appeal was made Teturnabe the 4h
Monday of April 1913, which was the Gath Of the month
The transcript not filed until the 18th May following.
More than three Judicial days elapsed between those dates
be notion SR was Rsn m az ang o See S I e
dismissed at the appellants costs.
Bridget T. Connolly ct a. appees. vs. Sarah Connolly
7utenreth and husband. King, H.. The plaintiffs
that they and the defendant Sarah Connolly the only
heirs OF the late Felix Connolly who died possessed of pro-
perry TO large amount, most Of which, they aedge
acquired by the deceased in the of the defendant who
had interest the dates of purchase but who
serts ownership Of the whole property thus acquired They
that the defendant promised to convey to her mother
of the plaintiffs two lots of ground belonging the
succession with the buildings and thereon,
and to discharge mortgage debt of $1,000 with which they
encumbered That she also admitted that other
lots devised by the deceased to the minor children of his
sister Mrs Elliott and promised make title in accordance
with the disposition of the deceased They pray that the
mother may be decreed the of the lots with the
buildings thereon, free from encumbancethat the children
Of Mrs Elliott be deemed the of the other two lots,
and that partition be made between the plaintiffs and the
defendant OF the remaining properly OF the deceased On
the trial an agreement in conformity with the above
witnessed by J. J. Mullen and dated Nov H. 1916 The
Judge of the Lower Court considered this agreement
PROMISE made for the purpose of adjusting the conflicting
claims Of the parties in the succession of Felix Connolly and
rendered juggmenht intended TO give erect 70 rs shaa,
Of the Court the Judge OF the Lower Court did not
The agreement be viewed as a compromise which
the plaintiffs renquished their claims heirs in considea-
ton of the made by the defendant favor OF her
susnce Of this agreement the defendant executed act of
donation to he mohei 81 the house and ot previous to the
was neither signed accepted by the parties and has not
been considered obligatory by themselves But it is shown
that the parties were all present the compromise and
sented to lis terms II signed by the defendant and Mrs
Of being recorded formal acceptance Of the act was
not indispensable to give effect the nights Of the parties
examine the bills Of exception taken to other parts of the
% q ba e 0 ~ ged TO ne 9 o. ne p96
Cont gave Judgment in favor Of Ms Elli9tts children
titled either 10 the lots if for any cause, these could
longer be conveyed 10 their value The plaintiffs asked for
change OF the decree in this respect and the defendant
does complain that the Judgment in this
form than i the lots themselves had been awarded The
judgment Of the District Court therefore affirmed with costs
TAeophias Freeman vs. His Creditors and the Creditors
Of John GoOdin & Co., A. F. Dunbar, SyHde, appels.
King J... motion made to dismiss this appeal the
ground that the record not brought up within the delay
fixed in the order Of the District Judge The return day of
the appeal the fifth Monday of January 1885, the
script not filed until the 7h Of April following On the
9TH of February the appellee obtained certificate from the
Clerk OF this Court that the record had not been brought
and the certificate fled in the Lower Court the
day This proceeding OF the appellee pTecnde the appel
aal a IHIseT peeaRs ns % Ann A RsS 7
The appellant brief stated that the OF his failure to
of the Lower Court 18th District Court TO deliver the record
until the paid. This fact did not appear before
before the Court Tom TO authorize the Court 70 consider
IT, The appeal therefore dismissed at appellants costs
Widoso Jean Joseph Coir6R appt., Laurent Milan
don and alexander Lesseps et a. a5pets. Euss c. j..
On the 18th Of July 1885, Jean Joseph Coon since decea
cd the former husband Of the plaintiff. made surrender Of
ms property IN the Count of the First Judicial District The
necessary proceedings gone through and the property
was afterwards sold and the proceeds distributed under
tabeau OF distribution. which after due notice was homolo
gated CoTon died in September 1888 leaving widow
and four children His succession was opened in the parish
OF h domiei and the plantation and slaves which are the
subject of the were nventored as belonging to
his succession The plaintiff the surviving widow has
brought this suit as creditor Of her late husband to vaeats
and annu the sales Of the plantation and slaves situate in
the parish OF Piaquemines, on various grounds
The Judge Of the Lower Court was of opinion that the
hOmoogat0n Of the abeau Of distribution of the proceeds
Of the property sold the creditors was bar to the
plaintiffs seton. and gave Judgment accordingly.
The heirs Of the insolvent do attempt to disturb the
sale and the plaintiff presents herself only as eredto of
her late husband The fact of her being creditor put at
issue b. the peadngs and the only evidence Of the pay
ment by her Of Judgment in May, 1894 in favor of
JOSEPH BouchaTd against her and her husband in sodo
At the time Of the cesson. July 1883 the debt which the
plaintiff holds was due Bo1chaEd, who citizen
Of the State Of New York He obtained Judgment in the
Circuit Count OF the nited States for this district waving
the question which has been raised 70 the plaintiffs not
considered represented the argument the point de-
cded by the Lower Court to the effect Of the tabeau Of
distribution. The plaintiffs counsel commended that there
was in fact no legal tabeau Of distribution. having been