The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-05-23

tiff was released from the bonds of slavery and the
| case was remanded for further proceedings as he
| tween Belmont and Miller, his warrantor. No
further proceedings have been had under the judg-
ment and the warrantor, Miller, has instituted the
present action of nulIity to set it aside. on the
ground that il was obtained through fraud and ill
practices on the part of Sally Miller and her wit.
nesses. Exceptions were filed by Sally Miller,
which being overruled, she answered to the raers.
There was Judgment in her favor, and John F.
Muller has appealed but Belmont, the real party
in interest, who had interviewed in the suit and
joined the plaintiff in the prayer of his petition,
does not unite in the appeal, and appears to have
acquIesced in the judgment. 1t was held that
John r. Miller, not having alleged or proved that
he has refunded the price to Belmont, and that he
Is subrogated TO his rights, has no interest in con-
testing the former decree, and therefore no ca
pacity TO do SO.
Fer CuTidm: To the observations of counsel,
that the only object of the plaintiff in bringing this
suit was to vlnlicaie his character it is sufficient
answer that the action itself involves rights of
property, and that he should have brought himself
within the rules prescribed for that class of actions
we may, at the same time state, without impro-
prieiy, that We have carefully perused the new
evidence discovered by him that it stands in di-
rect conflict with that adduced by the defendant
in the former suit to prove her birth and condition
If it can be true that defendant is Of German ex-
traction, we consider the plaintiff as exonerated
with COSTS.
An assignment of personal pey trust for the payment
OF particular creditors which is valid under the laws of
another State, where it is made and where the creditors
and debtor reside. will be held valid in this State and the
property will not be liable attachment BY creditors
whose debts were contracted and were payable in the
State where the assignment ives made
WILLIAM WHrTENRIGHT, JR. 81 Co. Us. J. w.
AND X. LEAvITT; LEAvITT AND OTHERS, INTERyE.
NoRs. Appeal from the Fourth District Court of
New Orleaas. .EUsTIs, G. j.. Plaintiffs, who
are merchants in New York, Instituted suit against
defendants. J. w. and Il. Leavilt, who are also
merchants in New York, BY attachment. The
property attached was claimed by the intervenors
under an assignment made in New York. The
judgment below was in favor Of the intervenors,
and plaintiffs appealed. The sole question pre-
sened is The validity of that assignment, which
was before the Court in RichardsQl Us. Leavitt, /
Annual 400, where it was held that it being of per-.
sOnal property in trust for the payment of particular
creditors by preference, and it being valid by the
laws of New York, where it was executed, and
where all the parties resided, and the property be-
ing delivered INTO the possession OF the assignees
was moi liable to attachment by New York credi-
tor for debt contracted and payable there. The
case of jackson u.s. Cornell, Sandforls Chancery
Rep. 34S was held not to be decisive. The assign
ment there of all the property of the insolvent.
The assignment under consideration pnrports only
10 convey that portion of defendants property in
the Stale of Louisiana, perhaps an inconsderable
part of their whole estate. After full considera-
ton the Court adhered to their opinion in Richard
sons case. Judgment affirmed with costs.
ANTONIO DEE, Wife of MARTIN ALvA, f. m. c.,
as. FELIX JANET ct al. Appeal from the Second
District Court of Men Orleans. .SLIDELL, J.
Judgement against defendants affirmed with COSTS
Mrs. ANTOINE DELEsPARE as. HER HUSBAND
Appeal from The FIRST District Court Of NewOrleans
RosT, J.. D.. Judgment of nOnsut affirmed with costs.
FRANcoIs VERGEs, for Self, and as Agent of
PAUL VERGEs, u.s. JOSEPH BEsNARD and WIDOW
HERRIN. >. Appeal from The Fifth District Court
Of Nem Orleans. .Rosr, J. :. Judgment in favor
of defendants affirmed with costs.
THEODORE PARMENTIER Us. AMELIA RHODES,
his Wife. Action by plaintiff for divorce, on
the ground of adultery, committed by his Wife. a
judgment by default was taken, and afterwards con-
firmed, on evidence. Defendant then prayed for a
new trial. which being refused, she has appealed.
The Supreme Court held that the evidence suffi-
GENTLY established the fact of adultery on the part
of the wife and that there were grounds for dis
turbing the judgment, which was therefore affirmed,
with costs.
JOHN X. WEST Us. HIS CREDITORS, on oppo-
sons to tabeau. Appeal from the Fifth District
Court of NeW Orleans. Rosr, j.. Judgment
affirmed, with costs.
RAYMOND P, GAILLARD Us. THE CITIZENS
BANK OF LOUISIANA. Appeal from the Fifth
District Of Mem Orleans. ROsT, j.. Judgment
against plaintiff affirmed with costs.