The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-12-03

fence was that tic ltLO 't H WI ny 'liS mug IVA
the use of the Qualifications, and never did become
private properly. The opinion is very long, bu, !
extremely interesting, and we shall endeavor TO
find room for it.
Supreme Court OF Louisiana.
MoSDAY, December :, $780,. Present, al the Judses
l. II L. Stone y Co., VS.. Kidaer, Desb0R y Co.,
and Wilson d Simmons. .EUsTIs, Oh. j., de-
ivsred the opinion Of the Court This is a revo
catory action, 10 annul the sale Of the steamship
Fanny The plaintiffs are creditors of the defend
ants, and allege that an undue advantage was
given by defendants to Wilson & Simmons in al
lowing them, creditors, to be paid in preference
out Of the proceeds of "a sale. Held, that Wilson
d Simmons were CognIZant Of the sOlvsncy Of de-
PENDANTS, Kidder, Dezhon & Co, when they al.
tempted to their debt in preference, by par
chasing in the steamer, and applying the proceeds
Of sale to their debts and as she had been seques
| tered, it is ordered that the sale be annul-d, and
that she be sold to satisfy plaintiff s debt, ETC
Judgment for plaintiff affirmed as relates 10 the an
nuling the sale and amended that resale be made
for the plaintiff benefit.
2. Partee VS.. Kjddsr, DeShoa q, Co., and Wilson
y Simmons. . For the reasons given in the above
case Of II. L. Stone IL Co. VS. Kdder, Dsshon u
Co, and others, the Judgment for the plaintiffs at,
frmsd
3. Samuel C. Young VS.. Municipality No. One;
John Pembert0n, appellant. This is Il suit to
tie the priority Of rank Of mortgages. The plain
tiff issued his execution on Judgment against the
Municipality No. One, and the appellant, Pember-
ton became The purchaser ola lot for $500 lOung's
Judgment had been duly recorded, but there were
other judgments recorded be fore it against The NIu-
ncip4liry. The purchaser took a rule TO apply
this payment Of the purchase money to the prsvi-
ousy recorded judgments as having the preference,
etc. Held, that the general mortgage creditor was
not to wait, but might seize the properly at any
time before the others moved in the matter; but
the mortgages follow the property into whose soeyer
hands il goes, etc. The Judgment Of the DsIrics
Court, dscreeug the proceeds Of sale to the plain
Tiff, etc., is affirmed.
| l. Le,gis Horance vs. Esuac Byldge.- Tniunc-
ton suit Bridge had purchased at the sale of
his own bankruptcy, three-i,t of judgment,
which he had obtained as liqudating partner of
firm composed of Bridge Dykers u Smith, aganst
Florance. Execution issued on it, and the plain
tn enioined: EUsrIs, Oh. J. "Concedng that
Bridge acquired three-ftths of the Judgment at
the assgnees sale, he has shown no ri : ht to issue
the execution He has shown no authority from
Smith, one Of his partners and we think the evil
uHHCf IS mol SNllI4ct as 70 that D bLfT part
nsr Dykers The execution would have been
quashed on motion. The judgment OF the District
Court is to the same effect. The Judgment is
| therefore affirmed
j. Borgstsae vs.. Chlrk. .SL1DELL, }. This
is an injunction suit The defendant originally
brought suit to auuu the election Of Borgstede, as
Recorder Of the Parish OF Jefferson. He obtained
judgment annulIing said election, but no mention
was made in it of costs. An execution issued
against Borgstede for the costs, which he eujoued
Hsid that the execution has judjci1l b7giy, and
is therefore roid: Injunction perPetuated.
6. albert y Qmertier VS.. Citizens Bunk Of
L0RiSiana. E. This suit is instituted coupons
or interest warrants attached to Stale Bonds issued
to said Bank and by them sold. The plaintiffs ara
holders for a certain amount. The only question
say the Court is whether the Bank is bound to pay
Sl2 or only Sll II on each OF these coupons, at
rate OF per cent interest per aunum payable hall
? yearly on the sum OF ClO0 sterling, or S4I1 "A
1900 guiIders The Court held that the Banl
2 should pay $l2 or 80 guders on each coupon, etc
Judgment of District Court affirmed.
T. Marks vs. NasIrihe Insurance Company.
This is an action on a Policy Of Marine Insurance
on the schooner Reampago. The case embracesI
5 variety of points and incidents which are compli
Gated. The Judgment of the District Court is re
csrSsd, and Judgment rendered in favor of plaintiff
: for the sum of $, with costs in both courts.
s. Mrs. E. Andrews, Admir-, etc., vs.. The Cit
Bunk Of Nc,o OrleanS .PREsToN, j.. An &c
ton 10 set aside tne sale of 431 shares Of Bank stock
: l.. Andrews, in his lifetime, had obtained loan
II from HE Bank ON pledge of this stock. He died
and before an administrator or any person was ap
pointed to represent his estate the Bank issued OF
ders OF seizure and sale, and sold aud purchased il
the stock Held, that the sale was MOI binding "a
c the succession, and the widow, afterwards appoint
b ed ADMINISTRATIVE had right to sci it aside,
Q TiRdrs' Heirs, ETC., VS.. Kennedy, SUperiHiel
j dent of The Mint, amt Municipality No, One. rhi
j suit was Instituted to recover the property vine,
l. the New Orleans Branch Mint of the Unired Stat
e now ands. 'Chs Municipality No One was hrou h
: in Tor having donated the property 10 the Unite
u States, for The establishment of the Mint Til
Il learned Judge went into a minute history, embfac
t ing The first plan and yng ou' OF the city o, NrN
. Orleans up to the change Of government and cr'
o sion of Louisiana TO the United States, and Shove
cunclusIyely that the ancestor of The plaintiffs nrN
er owned this property, hut that ii always beIonge
n 10 the King for the purpose of erecting tortIic2
tons TO project the city, and was coded AS publ
o property belonging to the city, and finally donate
/, lothe Unurd States by Municipality No. One
is Judgment affirmed.
+ 10 EStjraevs Est5beac. =. .Sut on a promss,
~ note OF 5000. The plaintiff took jndgme Il b
III default and made it final, but allowed credit %
y the note OF $500 from the date Of its rendition
te Tine CouH say: " The rule which has been We
l. settled, as to partial payments, is to calculate intel
e est an the debt TO the day Of part paYm-nt and de
duct it from the aggr-carr debt, principal and il