The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-06-06

1Or LDc luLcItSt WulCll may hoSo oSSAucu
on said debts since the dissolution of the com
munity the heirs and appellees to pay the costs OF
appeal.
d. LINTON EFT AL. Us. F. STANTON. Appeal
from the Third District Court Of Neso Orleans.
SLIpELL, J. :. This decision contained an elabo-
rate and able review OF the bankrupt law, enacted
by Congress in 1841, and an Interpretation of sew
eral of its sections. The Judgment below was
affirmed
UNION BANK OF LOUISIANA Us. P. A. GULL
LoTrE Appeal from the Third District Court Of
Mem Orleans. . .RosT, j.. This was an action OF
boundary and for the removal OF certain fences
erected by defendant around property claimed by
plaintiffs. The Court, in its opinion, went into
history of the plans and sales made since 1911 OF
the plantation Of the Ursuline Nuns, in the present
city of Lafayette, between Felicity, St Mary and
and st. Andrew streets, extending from the river TO
testified to by surveyors. The Judgment below
of nonsuit was reversed, and the case remanded,
the costs of appeal to be paid equally by the parties
Il. w. DUNNICA, EFT AL, Owners of Steamboat
Maria, as. A. FISK, EFT AL, Owners ofthe Steam
boat Sutana. Appeal from The Fourth District
Court of New Orleans. This case related to a
collision between the steamboats, Maria and Sui
tana on the Mississippi, which resulted in loss of
life and property: The jury found verdict for
defendants, and plaintiffs appealed. The judgment
below affirmed with costs.
HART & McCLURAN u.s. OMER LAUvE. EFT
AL. :. Appeal from the Fourth District Court Of
Nem Orleans . .SLIDELL, J. :. Judgment affirmed
with costs.
CHARLES FoRTIER as. THOMAS BoUDAR....
Appeal from the Third District Court Of New Or
leans. KING, J. Jude nent affirmed.
Where certain property was nventored belonging
succession and the executors assumed the administration
oft and afterwards another party claimed title TO por
ton of the property and had judgement in his favor after
protracted litigation, the executors managing all the
property nventored during such litigation, procuring
tenants, collecting the rents making the necessary
pairs, held that the executors were entitled to
charge their commission all the property nvenOred
as belonging to the succession The meaning Of the
tenn - unproduetve property upon which executors
are not allowed commission will depend upon the
facts and circumstances of each particular case
SUCCESSION OF NICHOLAS GIRoD.. On OPP
position to account rendered by Dative Testamen-
tary Executor. Appeal from the Second District
Court of NetD Orleans. .SLIDELL, J. In this
case it was held by the Supreme Court that the
executors are entitled to their commissions as fixed
by law, upon the whole amount of the productive
property figuring in the inventory, although after
the executors had entered upon the discharge of
their Duties the Supreme Court of the United States
had affirmed the Judgment of the U. S. Circuit
Court decreeing that fve-eighths of an important
portion of the property belonged to the heirs of
Claude Francois Girod, a brother of Nicholas. Ii
appears that this litigation had been protracted, and
that during it the executors had the care and SUI
perintendence of the property, they attended to its
administration, procured tenants, collected the
rents paid the taxes, preserved it by necessary
repairs etc. The Court observed that it was i'm
material whether the compensation was termed a
commission, nomine, in the technical sense of
the code, or just remuneration for services rem
dered to the benefit of Claude's heirs.
The Court then examined the meaning of the
terms unproductive property relating to sue
cessons, it being commended that there were several