The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-17
Supreme Court of Louisiana.
CONDENSED pecisions-Nrw ORLEANS. March L. 1919

Condensed Decisions-NEw ORLEANS. March IL, 1S49.
An abandonment of land must be made in writing. Where
andholder fails to construct his levee and road q re-
ted himself and he proceeds to construct the evee
road accordingly he has claim on the Parish foI dam
has abandoned to the Parish He then stands precisely
as ne would stand if he had made the syss ana ioad
when directed to do so by the parochal authonties.
F. M. HEREFORD Us. The POLICE jury OF WEST bA
TON RoUaE.. No 1857 RosT, j.. Per earsam Inc
plaintiff aledges that he the owner OF tract OF iand
having ten arpen front the river Mississippi that aef
the high water of 1874 became necessary 10 construct
thereon levee, which. in conformity with the genera
regulations then to be placed at least one arent
from the bank of rver which evee the petitioner held
himself ready and willing to construct whenever directed e
be placed than arpent from the bank of the
river appointed commissioners to examine the premises and
iheeo and as nearly a. possible the amount If the DANA
g which the petitioner might sustain by the construction
%ended that new eycs should be constructed at distance
Of five aIpens from the ban. 9f the river without making
The By s s he poa
by law to ascertain the damages which he refused to 40:
making IF sS he petitioner
in person heday fixed for the adjudication and when the
parish his of land and avoid the rnous
&c. that might M claimed ths TEN c Sd s,
cepsd and no one bidding less sum- the construction of
the road and evee adncated him and the Inspector
psenel 2s faithfully complied with the aud
cation and that the road and evee made by him were ac
to him. that after the completion and Ieispon OF the road
the bank Of the river had been damaged in the of
resolution for eng his claim to an smcabs ADJUST
ent all of which they refused to do wheIeupon they were
and Of the intention of the petitioner claim the full bene
fl Of his contract and demand payment Of The sum OF
authentic FORM of the land The praye that Judgement
be rendered in favor of the petitioner for ~ 500 and that
$1,000 the damages sustained by him account Of the I'M
The answer specially denies the existence of any law au
thozne the claim for damages set up by the plaintiff and
On the application Of plaintiff the venue was changed
anna ths tho e his for
damages and the Jury having returned verdict In ms
III. free from difficulty to deter sss
s with the claim Of damages set
msnt and that enough 90 some act WHICH msnifes
c. which he refers applies to the abandonment ofhe
Of mevsabs' only An al n OF the title
The adjudication has not CHANGED the rights and oegs
a he
s was directed to do SO By the he Would De re
had been made to another and being the time debtor
and CREDITOR his claim is extil guished by confusion
yeed, and that there be judgment favor Of the defen
dants, with costs in both courts Elan for plaintiff and
Under the act Of June 1906 Is and H. relative to the
mutilatng, beating, l-treatment of q slave BY his
master when one else is present the affidavit Of the
s4 aSs Ts Ss5sa sfs
thrown. BY the statute upon the MASTER who Is thus
ao makes
in addition to the testimony which receivable In odi
nary prosecutions
THE STATE or LOUISIANA Us. ABRAHAM MoRRIs....
Appeal from the Eighth Judicial District Court Parish
of St. Helena No 1888 KING. j.. Per curtain The
defendant prosecuted for the cruel treatment of bis slave
under the of June g. 1906 B. and C. g. 16 and H.
No person having been present when the alleged cruel
shment was inflicted the defendant rendered the trial.
his affidavit in excupaton which was received The
ss e. s
and weighed other evidence and might be rsbutted To
WA: Convicted and ssntsnesd and has appealed
The section Of the law under which the defendants ai-
meaning Of this act when shall b present. such
ssement Of said slave. thus mulated shall be deemed
and guilty Of The said a., and ,s shall be
other person aforesaid prove the contrary By means
Of good and sufficient evidence or can clear himself by his
1t Is contsnded that the oath authorized by hi. section
ss asRi e
Innocence Such does not appear to rs to be Just intel
Il the sw
tion would not arise 1t is founded upon the relation Of
stances of otherwise establishing his guilt ae i oonse
present presumed to be guilty Of the offence unless " in
bunRsn Of spch .thIOwn ne secnsed who
s.%ss s.s Ri: d%n sss FL q Ss
mony which j. receivable in ordinary prosecution The
hss &c
ze the conclusion that such was the intention Of the law
y o o. S
affidavit shall be admissible and if believed that its disco
the Interpretation commended for By defendant would
when Us sf his guilt could be saacto BY other
testimony which could have been contemplated by the
may be- established BY circumaniai testimony Which IS
often conclusive positive and direct evidence; the
different conclusion from the defendant in relation to the
cruelty s Of the S In such The
shment BY ntsIposng his own oath; OF that the Jury
sS q NJ @
to given 70 the oath Of the in such cases than to
s sIS s b
tct Court Is therefore affirmed with costs Attorney
tiff and appellee; Ellis Haynes and Hasey for defendant
and appellant.
The existence of Judicial mortgage property does not,
contract of SALE may sell it, and the pu-cha
takes it, subject to the mortgage. Where Judge
ment creditor charges party with c0luding with his
debtor and aiding him fraudulently to his prop
ety which is subject to the creditors mortgage beyond
the limits of the State such creditor can maintain
action if the prior judgements exceed in amount the
value of the property, then damage would accrue
to him in consequence of such proceeding
ELIZABETH KEMPE TUTRIx. Gro. w. NICHOLS.
Appeal from the Ninth Judicial District Court, Parish
of Concorda. No. 1888 .EUsTIs c. j.. Per
The plaintiff judgement creditor of Charles N Rewey
The judgement having been duly recorded, operated
general mortgage the property of Rowley The petition
aedge that certain slaves therein named owned by Row.
ley and in his possession though covered for fraudulent
purposes under the of Jacob D. Lansing. of the value
of slOO removed from the State to parts unknown
1t charges that the defendant fully aware of the mortgage
rights Of the plaintiff upon the slaves and intending to de-
feat them coluded with Rowley and Others to the petit
toner unknown, and fauduenty aided in removing the
aves-he the defendant. well knowing the utter inso
vency of Rowley and thus accomplishing their purpose OF
defeating the mortgage further states that after exhaust
large balance Of the judgement remains due and unpaid and
that has sustained damage the amount of the value of
the slaves by the Illegal unjust and fraudulent acts Of the
defendant in the premises She pays judgement for 0O
the amount of aedged damages, and for general relief
The defence to this action aledged bona fde pur
chase Of the slaves BY the defendant from Charles N Row.
ley the attorney fact of Samuel Rowey BY act under
- I'll g. ~.-,1r h.