The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-01-25

claimed his intere, for his creditors Hagan ordered
by the lower render account OF Baetts Interest
The facts detailed length the decision 1t seems
the Attorney the Union Bank fixed the for trial. and
the only counsel present the trial the counsel for
Peyroux Hagan and the Syndcs OF Barrett being absent
The Union Bank had made itself party the suit
does appear from the record that the Bank judgement
CREDITOR aledged Hagan deCreed pay the Bank
Of Bames IN IN his hands HasaU appealed and
signed various apparent the face OF the record only
sider Per euriam The Union Bank YVES not Originally
party to the present suit and has not since interviewed Be
entire stranger to the litigation, that institution could
neither ask that the be set down for trial nor move for
na BIT further objection nIged ids equally
stated in the Opinion Of the Judge that the Union Bank
judgement creditor of Barrett but evidence OF the tact IS
duced the trial below The judgement appealed from
Union Bank paying the cos Of appeal "a branch of this
litigation before the late Supreme Court in Il Robinson
liant II. R. Denis for the Union Bank, appellee.
Paro evidence relative to the sale of lands and slaves only
matter of proof, and where party addqce testimony
Adversary it is the duty of the Court to give effect
in establishing agreement supecedng the noaria act
EDWARD JACOB Us. GEORGE DAVIS. No. 1913 in the
Supreme Court Appeal from the Second District Court
of Neo Orleans RosT J.. Suit 10 rescnd the sale of
slave, the ground that he addicted running
1t aedged he away within two months after the sale
that he had been eight months in the State the time
and that under the act Of 1884, the presumption is he had
that the time of the SALE The general
denial Plaintiff nonsued and has appealed. 1t was
admitted the slave taken the 4h of September after
running away and having been absent about four days He
therefore have absented himself the last day of
August The authentic bill of sale to plaintiff bears date
the 10th of July lS47 But plaintiff proved by paro that
the contract between himself and defendant made be-
fore that date wit the 9th of June 18 and that
the slave then delivered, and came on plaintiff planta
ton where he remained until he ran away Per GarGm:
This evidence contadcs the notanal act of SALE but
adduced by the plaintiff himself he must take the
sequences Our predecessors have repeatedly decided that
verbal agreement for land slaves under the provs
OF codes not null and void; that the defect
which such presented relates solely the proof
and if of the parties acknowledges the agreement
permits parol evidence be given of 1t, without opposition
i the duty of courts of justice to carry into effect
Brown as Franum l.. R. As. We consider it proved as
the District Judge did that the sale and livery took place
the 9th of June and that the plaintiff has not brought
has asked that the judgement be amended and made final in
his favor This application made and
not therefore be granted. c. P S90'' The judgement APP
pealed from accordingly atfimed-H. Chiffon for plain
tiff and appellant; Noise and Randolph for defendant and
appellee. P.s.w.
ITO be continued