The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-02-08

i"rohlANr DEClSlON.-Ihe following decision
rendered by Judge Buchanan of the Fifth Distric
Court, is OF the utmost importance, because it is il
opposition to the decisions which have been here
tofore rendered, because it restores the law to il
legitimate meaning, and because the admirable
reasoning of Judgment is SO conclusive that we
have but little doubt that it will be sustained by
the Supreme Court, and become the starting poin,
OF new doctrine upon the matters in question: OF
rather 1t will restore the law to what it was before
1t became perverted by Judicial legislation
FIFTH DIsJRIcT CouRT--In the case of c. NJ HyAMs
he Of women for Restitution
husband to he injury Of third persons without
This of the most pepleaing questions in our Jur,
pudencs for the reason that while he law entirely
I isSG yet q the nsEass ,oGSn 81 G. Ats
I've Of 's GGs g Be in the 1911
s sfp a. Fisher s and Crane Alley Between
discepancy Upon eui examination of the latter for
me purpose OF the which have brought
cluson which taey have arrived upon this point find
Peo s Of turn refers to the case Of
Gas case Is Inc only one in WHICH distinctly
' Of h
s Se as If and md BY
mortgages raid nout Iesst bd peaans does
b s gs of I for hs
mortgage Of the married woman for her doal rights the
learned ud concluded that the Legislature meant to give
the sadem est rato eadem est
eonclu ion tins. which presume maintain was illegal
Another legal aphosm Encluso unius erclusio est ate
rus furnishes decidedly legm ate conc usion iogi
case Of Pam Penot in this-iat the regis
~, E, aee9 ana contracts matter entirely arbitrary with
Judge Martin wai indeed entirely Of the weak
ne mas ,noush necesa to add another reason which
was undoubtedly sufficient to justify the judgement in that
Ct eou no ssSs
bty Of doing act fat shewn in such particular case
S %sen s aGa a and legally eensdsed should have
consider myself obliged disregard entirely the case Of
Annual that nU 1ns
oart consider the jurisprudence upon the point ques-
against third pesonsto be well settled to be called
have been any impossibity of recording the mortgage
E OCaaghan the possession Of her jewels to her
e. TRs SpSn e% 5
be e % Of edge which
ods no M sGub ssa as to Art ss
Of the disposition h1t her husband intended to make
u her Jewels She might have required him to give her
eceipt before no and she might have recorded such
ecsipt In the mortgage office.
There a feature the case however which seems tn
onAtute pecu ar equity in Mrs. O'Cs claim Her
swes were pledged and the proceeds appropriated for the
ur ose OF releasing om seizure the identical slaves OF her
usband. which have been sold under execution in the
resent SUIT and whose proceeds form the subject of these
positions II Is thus that had been for the de.
oslon which OCaiaghan made of his wiies Jewels in
olo these very slaves would have been aenated in that
therefore conclude that this one of those strong
ases which are, perhaps requi red to justify District
ndge In pronouncing series of decisions OF the Supreme
,Ourt to be contrary 10 law.
Judgement that the proceeds sale be distributed among
ne parties claimant according the order in which they
land upon the NOR: age certificate e with the excep
on OF those jud which recorded after the 10th
une 1875 and that Mrs OCaaghan take rank as mort.
reference upon said proceeds all the judgements re.
Drded after the 10th June, S45ha s the of this
lit be first paid out Of the proceeds OF the sale
(Sigued) A. NJ BrcHAyAN Judpe |