The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-01
NE w ORLEA Ms:
THURSDAY MORNING, MARCH 1. 1910.
Supreme Court of louisiana.
Condensed Decisions-NEw ORLEANS, Feb. &C. Is

JOSEPH L. FARMER as. J. l.. ROBERT S, EFT AL ftp.
peal from the Tenth judicial District Court Parish of
Madison. ROsT. j.. Judgment affirmed in favor of
plaintiff for &2 49, with interest from judicial dem and and
costs.
espasser is entitled reimbursement for the i'm
proponents he may have placed upon land while occu;
the court docket and while it stands in that situa-
ton, party cannot claim trial by jury
WooD CURTIS u.s. VIM LYLE. ..Appeal from the
Tenth judicial District Court, Parish of Madison.
RosT Suit by plaintiffs of land in the
possession of and cultivated by defendant. The answer
admitted the title of plaintiffs but that defendant has
placed valuable improvements the land which he
entitled to be reimbursed before the judgment of eviction
be executed against him. There in favor of
plaintiffs for the land and against them for 1894 the vaue
of the improvements. Plaintiffs appealed Per
ut in evidence that the land in controversy had been
that this land was enclosed between other tracts belonging
jenkins Gibson, Annual, mot vet Teporedl the de.
tendana was and not entitled to indemnity tor
the had been set down for trial. Con the docks
ana %n 6sm 1000 II n v the could no
allowed the defendants claim for the value of the imp
men and affirmed the judgment of the lower the
Where there is mutus indebtedness between and B. and
their respective CLAIMS equally quidated, the debts
are n pre- tamto II hetbeI was at the time
plead the aDecedent compensation to the extent of his
own demand.
}. L. RIDDELL Us. WIDOW GoRMLEY... ..appeaL from
the Second District C6urt of Men Orleans . RosT ] 49,
Per euriam The plaintiff is the legal representative of
Schragers e,tate against which the defendant obtained
judgment property notes, endorsed by the said
Schrager and bearing date Feb 90 1892 Schrager died
December 1882 and the sale of his succession William
Gormley whom defendant represents became the
purchaser of horse and other movable effects to the amount
$273 25, which refused to at the time that
he held the aforementioned notes. on which Schrage was
The defendant having obtained execution her jadg
ment in October lS the plaintiff paid the amount Of It
he enoped The proceedings The District Judge was Of
oDnon that the claim Of the plaintiff injunction bar
kufl,
There having been mutual indebtedness between schra-
ssus % the ue to
Gormley, exng ushed by compensation before either
Sy s ana 5 now be
The defendant pleaded payment but has failed to
ths ast Of payment PTSbabs b1 We Of
% nasm s mas ordered hs. the
in this be reversed snhat the Pc
and appellant; Preston for defendant and appellee.
ELIZABETH LAvrResr WIFE OF T. ARMANr u.s. TE-
RENEE ARMANT. HUSBAND Appeal from the Fourth
District Court Of Nep Orleans KING, J...Action for
a separation of bed and board The Judgment of the lower
Court in favor of plaintiff. affirmed, for the
assigned by the District Judge
N. ANDERSON Us. VICTOR DAcosTE. PIERRE FArvRE,
Wananor Appeal from the Fourth District Court Of
Nc Orleans KING j.. Action to recind the sale of
female slave the ground that she in the habit OF
ming There judgment in favor of the plaintiff
and defendants wanantor Faivre appealed The Judgment
below affirmed -
In revocatory action the Judgment against the orgna
debtor PRIZE aes Ia st the holder OF b he
the burthen OF proof is on him.
PATRICK Fox Dative Testamentary Executor of Bernard
Fox Us. WIDOW BERNARD Fox, ct al. THOMAS HART.
appellant appeal from the Fifth District Court OF NeU
Orleans. No 937 in the Supreme Court. .RosT, j. Per
euria This revocaory action, which the plaintiff
eeks aside sale of property the ground OF nua-
ton. The tried before jury who returned ver
dict in favor of the plaintiff and the defendants have ap
peaed from the judgment rendered thereon The only seri
Gus question presented for consideration by the appel
an whether claim of the plaintiffs against the ogna
debtor has been sufficiently proved Their counsel cont. nds
is not evidence the defendant The ACTON be-
ru he s to m
creditor might prosecute reVocaory action, without
nam nj By he had further
that this judgment should have effect whatever in the
tation The judgment pra 5aese Of the debt
against the holders Of the property claimed They may con
Rem oy ssi s s%af BY
s h ss %e s
the pafs the &c pan and appellee
Rosetas iordefendants and appellants
BENJAMIN j. GLAsscooK, TUTOR, Us. GEORGE w.
GREEN AND WIFE Appeal from the Ninth Judicial
District Court. Parish Of CoRcordia.. KING, j. The
Judgment of the District Court amended by allowing the
plaintiff credit for 49, and for the hire OF the minor
slaves for nine months and Thus amended
the judgment appealed affirmed the appeees, Green
and wife. to pay the costs of the appeal
VIM RoBBRTsoN TRUSTEE. AND OTHERS Us. e. R,
Travis SHERIFF. OTHERS. Appeal from the Tenth
judicial District Court. Parish of Carroll KING
1t decreed by the Supreme Court that so much OF the
Judgment appealed from dsolves the injunction as 10 the
plaintiffs Hall and the Trustees of the Planters Bank OF
Mississippi be affirmed and in other respects that the said
Judgment be reversed and the be manded to be pro-
ceede in according law the defendants pay the costs
of the appeal the question OF damages being reserved
prescribed by year and although suit has been
bending during that time between the parties in alton
to the title he slave the maxim contra non ralentem
agere ETC., will not apply
PuNrAs SOLOMON US. ANTOINE CAvELIER AND j.
DAVENPORT Appeal from the THIRD District Court o.
Mem Orleans No. 99S in the Supreme Court. MING
L. Per curiam The plaintiff, as the assignee OF Moss
iusttued this action the value OF the services OF
slave who is alleged. wrongfuiy confined by n
order of the defendants of the public prisons OF TIM
CITY The defendant denied his liability and pleaded the
prescription of year Judgment was lenae'sa
of the plaintiff and the defendants has Appealed
appears that Caveer and Davenport claimed to be hs
owners OF the lave in question and finding him in the pos
where he was accordingly placed in January lS45 and re
manned oi nesy M Tsy ao e sSe which
they prevailed in the lower Court but upon an sppea1s ~
% Of the ne bs the owne WI" See Ann ST.
The resent suit for damages not Instituted until l
eth ss nsy G Th a,is ion
quenty prescribed unless prescription was VI
The Dhc Judge was of opin that the prescription wa
suspended by the tendency Of the pettoy acton oefweeI
the same parties the principle contra non oasfem aser
mon grescriptio He considered that Moss was nc
bound the rt plead, ec0npenton the qdmage
claimed the present action and that he could MOI nave IN
stituted suit them The Dstlic 9uu
in opinion erred That Moss could have Instituted III
demand in reconventon for the damages now clamsa
think admits Of doubt The demand was connseed WIN
and incidental TO, the main action; o. r. art 80 ma
the extent of his damages not hen known formed a
valid objection nstirutng his unconventional demand
His claim could have been forth for the monthly value
the slaves services precisely has been avered IN IN
present action Whether he could have instituted separat
for damages while the first pending is imnateIla
inquire He had adequate remedy of which he faet
% avail himself and can not now assert that he was unap