The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-24
Supreme Court of Louisiana.
Condensed Decisions-NEw ORLEANS, March 10. l849

o"PACHO SVut VI AVulsldlds
condensed nec,s,or.-Nvu o.,u,s March 10 1910
0~-'-''-. We" oNAIAN'' ~ tHoaei ~;
Where party took possession of raft which had been
stranded his land and cut up the logs fuel and
sold them held that he was properly decreed to pay
the enhanced value Of the logs less the of their
version into fuel.
AARON EASTMAN vs. WIN. II. HARRIS. Appeal
from The Tenth judicial District Court, Parish OF
Madison. No. 1907. .SLIDELL, J. The plain
tiff alleges that raft which belonged to him was
in the course of transportation down the Missis-
sipp river, in the summer of 1S47, and was strand
ed upon the land of the defendant, who apprOpri-
ated it to his own use. Damages We're claimed to
The amount of $40. Defendant pleaded the gen.
eral issue. There was Judgement IN favor OF plain
tiff for $500, and defendant appealed. We confine
ourselves 10 extract from the decision of thez Su
preme Court, which entered into an elaborate DIS
cllsslon of the principles OF law involved in cases
where property is taken possession of by party,
and by his labor and industry is converted into
more valuable form. Per curidm: 1t appears that
during the high water in April, lS47, one Avery
was in charge of two RATS, and was floating them
down the Mississippi, when they were accidentally
stranded upon the defendants land. The plain
tff's raft being inside, Avery cut loose the other,
which floated on. He left a man with the stranded
raft, directing him to take of it and deliver it
to the plaintiff. The agent remained and kept
possession of it for some time; but was told by the
defendant that neither he nor any one else should
have it until the proper owner came for II. The
raft remained aground for five or six months,
when the defendant cut up the logs into fuel and
sold it. He stated to witness that no one had
called to claim it but that he expected to have
some difficulty about it. 1t appears from the evil
dence, the logs were about ninety in number, and
were worth, IN the situation in which they were,
about one dollar per log that the wood, cut up
into fuel, was worth, according to the defendants
own estimate, So per cord. The labor of cutting
the logs into fuel and putting it the bank of the
river, in readiness for sale to steamboats,, is proved
to have been worth about 81 cents per cord Each
calculation made upon the data will show that
the amount of damages given by the District
Judge is about the value of the fuel, less the ex-
pense of converting the logs into that form. If the
plaintiff was duly entitled to recover the value of
the logs as they lay aground, the damages given
by the District Judge are excessive; but IT he was
entitled to the enhanced value OF the logs deduct
ing the cost OF their conversion into tuel the judge
ment cannot be deemed excessive and ought not to
be disturbed. The judgement of the lower Court
was affirmed with costs Dunlap, for plaintiff and
appellee Short and Parham, for defendant and
appellant.
JOSEPHINE H. ARMoR, ExECUTRIx, as. r. c.
Downs AND JUNIus AMIs.. Appeal from the
Tenth Judicial District Court, Parish Of Mad'-
son. .EUsTIs, G. j.. The judgement of the
District Court was reversed and judgement rem
dered for the defendant Amls, with costs In both
courts.
MAUNsEL WHITE Us. H. II. SLATER. APP
peal from the Third District Court Of NeU Or
leans. KING, j.. The plaintiff claimed In this
action the price paid by him for female slave,
who, he alleges, was affected at the time he pur-
chased her, with redhibitory disease, OF which she
subsequently died. The defendant denied that he
was aware of the existence of any infirmty at the
date of the sale; but, that to avoid subsequent
controversy upon this point, hearefused to warrant
the slaves health. There was a Judgement In
favor OF the defendant In the court below, and the
plaintiff appealed The case upon the proper con-
strucion to be placed upon the following clause In
the act OF sale: y" The girl is now, and has been,
as far as known to me, the vendor. Slater, OF
good health, and also her parents before her, put
the SAID Whlte takes her ana runs 1ne risk OF her
health. The Judgement OF the District Court
was affirmed
Where paid certain note for account of B, condition
that the latter should have delay for rsmbursiug the
amount upon giving mortgage on property and trans
terng certain stock of bank whenever should desire
1T held, that A could maintain no action against b,
unless the latter mad been put IN deaut. memoran
dunn signed on sunday Is admissible to prove contract
maue on previous aas'
NOLAN STEWART, AGENT OF JAMES MCCALoP,
Us. FRANCIS NJ. HEREFORD. Appeal from the
Saith Judicial District Court, Parish OF East Baton
Rouge. NO. l24S. .EUsTIs, Z; j.. Per curadm;
This suit is brought to recover the balance due on
apromlssory note OF the defendant, which the Union
Bank had held, and which the plaintiff had paid,
and thereby become the owner: 1t appears that the
plaintiff had purchased from the defendant plan
tatlon, on which stock-mortgage existed IN favor
OF the Union Bank, and an order OF SEIZURE having
been issued against IT, the plan1lh paid to the Bank
the sum OF So0oO, which the Bank applied, with
the consent OF the PAINFUL to the payment OF
note OF the defendant. winch the bank held, and
the balance to the stock-note OF the defendant
winch bore on the properly nortgaged. For the
balance due on TINS nole, mus pald ny the paintl
the present actloh Is instituted. delehce was set
up, DyWay OF exception, mat the Paintih mad
pound himself, lot sufhcleht consideration, TO
give the defendant hVe years 10 pay the amount
The exception was sustained by Inc District Court,
and the plaintiff was non-sulted. lie has taken
this appeal.
The note sued on was secured by pledge OF two
hundred ana thlrty shares Oh Inc capital stock OF
me Union BANK ana the agreement relied on by the
defendant purported that Inc painful was to give
tne aeiehdaht hve years ior ihe reimbursement
ol iie amount tlle plali.in slould pay LOT MN
10 the BANK, on condltl3n 1hat he should transfer
10 the plalntiH Inc pahk stock, at the price two