The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-04-30

Presentation. Geo. Eustis, Chief Justice, and
Judges 81 dell and Preston. Absent udge Kost
The Court delivered opinions In the following
canes:
EusrIs. G. ]. :. BGstable's Heirs, VS.. Curry q
iStocv Nc oaough, Ct AL, I1IterVen0ys. g.. Suit
on an outstanding title to one-tl.iyd (undividedD
tract of land derived under syndic's sale, but
title nat recorded in the parish where the land is
situated Defendants afterwards purchased of the
insolyent, and recorded their title. Held, that it
was sale of cLaiHs to tract of land, the title to
which was not confirmed; that the syndic's sale
being recorded in the Clerks office, and in the
Register of Conveyance Office in New Orleans,
and in the Land Office in ouachita, was sufficient
and that the case did not come within the Regis
try laws and that the insolvent afterwards only
sold all CHS right, title and interest" in this
" land claim" to the defendants, which was in fact
only quit-claim and the Registry in the parish
where the land was situate, did not defeat the
plaintiff title. Judgement of the plaintiffs is
reversed, as to one Of the defendants, and new
judgement rendered in their favor for orsest1th of
the land against the other defendant, who originally
purchased of the insolvent; the last defendant
STACY had purchased at Sheriff IS sale, the inter-
est of the other original purchaser, and is pro-
tected. The petition Of Intervention was dis
missed.
2. Egana VS.. Oakley. :. The plaintiff, agent
of Lsardi, ct al, sold judgement against
Toby te Brother to defendant. Toby IL Brother
failed, and this claim placed on the tableau. The
District Judge gave the plaintiff judgement for the
sum which was paid on this judgement and de-
PENDENT appealed =. Judgement affirmed.
3. BLossnao11 VS.. Mather. Defendant is sued
as acceptor of bill Of exchange; prescription
pleaded and debt prescribed by lapse of five years.
Judgement for defendant affirmed.
A. Municipality No. l VS.. Certain Lots on
Espsaarade street. Appeal from the tableau Of
opening Esplanade street. Held, that the NUM-
cipalty No. had power to cross the street and
exercise jurisdiction the opposite side. Judge
ment reversed, and proceedings dismissed
| s. Conkltn VS.. MamdelEi. Case turning on
facts alone, and judgement affirmed.
| g. Roberts vs. Stark. Suit for a debt due to
the Trustees Of the late Bank of the United States
| Judgement amended, and given for a certain
amount against defendant, but with the privilege o.
paying in the notes of the United States Bank.
| 7. Joseph S. Roberts VS.. Wilkinson anu HIS
5azd :. This suit involves the suretyshiP of the
wife for debt of her husband. Judgement re-
versed, and case remanded.
| PRESTON, ]. IL. State VS.. Cummings. In
| dicted for manslaughter. Accused allowed to con
suit counsel, and through him to challenge jurors
| the State should first exercise the right OF chal
| lenge, and turn over the juror to the defendant
The indictment failed to set forth the place WHERE
the death of the deceased took place. which is fatal
| A motion in arrest of judgement made and over
| ruled Judgement of the District Court reversed
and the judgement upon the verdict of guilty
| arrested.
~ State VS.. S,arc. :. The defendant is indicted
for entering dwelling house in the day time, witt
intent to steal He pleaded that he had been triec
and acquitted for the same offence, and annexed
the record. 1t turned out he had been tried fo
larceny. Verdict of guilty was found, and judge
ment thereon affirmed.
10. State VS.. Smith The defendant was in
dicted for breaking and entering store in the DAY
time with intent to steal. The statute makes it
crime to break and enter shop with such intent
and the Supreme Court of Massachusetts inclined
to the opinion that the substitution of the wort
store in the indictment, for the word shop, wa,
fatal in similar statute, motion in arrest 0
Judgement Judgement of the District Court over
ruling the motion and rendered on the verdict o
guilty, is affirmed.
| IA. State VS.. MsricG7 Gulf Railroad Co.,
y II. j. DWcrOS and F. Leon, opponents. . Thi,
case involves long controversy about the sale and
disposition Of the property Of the Company for the
payment of the State bonds: The judgement o.
the District Court reversed and the case Temandec
| for proceedings according to law, conformable t.
the opinion Of this Court; and it is further ordered
that if the parties canuot compromise under the &C
of 1S4S, THEY must stand upon their legal rights.
SLIDELL, j.. 8. Leigh & Richie VS.. Gal
bTatth ct al. Suit for certain tobacco. The
plaintiffs claim privilege on it in the hands o
defendant Galbraith, vendors: other claims or
it have attached by which the privilege is lost
| Judgement for defendants affirmed
" FLeDtLng vs.. STEAMBOAT Helena and OlcIleTS
Plaintiff obtained provisional seizure of the boat
The captain and owners lived out of the Parish and
in different parts of the State The District Judge
gave judgement sustaining the privileged claim,
against the boat, but dismissed the proceedings il
personam, upon the ground that the captain ant
owner were not sued at their domicils. Judgemen
| affirmed.
10. Gardiner ct al. VS.. Gould ct al. :. The de
| PENDANT Gould was arrested on the affidavit of
creditor. The contest was about whether Their
was goad ground authorizing his arrest. Judge
ment discharging him from arrest, affirmed.