The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-07

In an action to rescnd the sale of slave the ground OF
n bang disc sed the vendee cannot recover when a
lender denied and not proved end the evidence dis
closes The of due diligence on the part of yendee
In procuring medical ass stance.
WIN. w. PuGH u.s. WIN. AND j. j. AMoNETTE. :. FTP
peal from the Tenth Judiciai District Curt Parish
NddtS"n...N No 1894 in the Supreme Court m KING j..
This was an action by plaintiff rescnd the sale of slave
who, it aedged affected with an ncurable disease
at the date Of the sale Defendants pleaded the general
Issue and specially denied that the slave had been rendered
to them The Jury returned verdict in favor Of defendants
and plaintiff appealed. Per Cariam The evidence ad.
duced to show that the tender could have heen made
tiff the 4h of November 1916 and short lime sf,r
Mss a eseT Tas wo to be deas A. ph
November or December, ls46 and found him labong
ncurabe. The ave does not appear however to have
been generally confined to his bed. but walking
lo4 and not placed in the hospital subjected 10
msd9a tss as far "a we can learn from the ord
say tat the Jury ed in considering that the slave cond
be sa
PIE nn TO sue ess IN THIS form OF acton as Jann
Of the District Court is therefore affirmed with costs |
Short for plaintiff and appellant Snyder, for defendants
1t requisite that the evidence on which executory pro-
ceedugs are had oud be by authentic act The Judge
of no ma te,s pals. In an act of mortgage contain
Ing mutual covenants the mortgage proce
accepted and signed the deed of mortgage.
WIN. FRENCH THE MECHANICS AND TRADERS
BANK AND SHERIFF ...4ppeaL from the Ninth Juiiciai
District Court Parish 0t COnc0rdia.. No S04 EsT
L. J... Per Curtain: " This appeal taken by the
plaintiff from decree of the Court of the Eleventh District
dissoving injunction VIII CHI had been issued ainst pro-
ceedng IN executoy which had been taken by the
Mechanics and Traders Bank given by the
defendant part pa of jud cement which the
Bank held against Thomas Alexander.
In the petition for injunction besides the distinct ground
on which he plaintiff claims relief. there allegation that
the order d. ecng the eXecutoy and also The writ
HseH egd Tor the assigned and
Others the face of the record This aeg authorizes
the exam!n at on OF the nlanty of the proceedings
The objection made by the plalntfOn this ground that
there evIre that the mortgage which the pro-
ceedngs Instituted accented by the Bank The
mortgage executed on The 9th of November 1874 by
the panf, with the remuneration of his wife, who alone
parties to it. 1t given part payment of u ge
ment the Bank held against Alexander A it contained
til &C epied by the Bank, and the Hank bound its
lease exande to the extent Of the OF the mortgage
thus gwen IN payment The act OF mortgage
copied By the Bank and there evidence, by authentic
act that the Bank bound tseto the implied
contained in the act
1t requs that the evidence which executory pro-
ceedngs had should be b. hentc act The Judge
granting the order or execution take cognzance of
matters pals The Bank Instituted poceep Is on this
mortgage, in Oct 1876 aud is urged that this spt
acceptance of The act OF mortgage But think in
act OF MOI OF this kind tn for extending
between the parties as well that the evidence should be
complete and entire before the party avail himself of
security for debt perhaps there ght be ground for PIE
that the cedi accepted what for his benefit In
matter hike that before which had been lett
long, and In which the party the required
tie partial extinction OF Judg meBt and the substitution of
new security Judica action ought 10 be taken
act I'M Oiting con lesion OF jud cement.
The judgement OF the Dis Court there ore reversed
and decreed that the execuory proceedings instituted
against the plaintiff injunction be sm ed in
FaFrar for defendants and appeltees.