The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-02-09


plea and no evidence in the record which puts
these defendants in the position Of bona fids pur-
ehaseFs, according to the rules of cancery, which
alone are TO govern here, es decided by the SUI
Prsme Court in the case Of Livingston Us. Story.
he commented on the case Of Brown rs. Chds, 10
Peters 2l0-vvheR the Supreme Court fully exnms
ined the eguiiy FHiea on this Plea The defect N
the plea IL that 1t in not eirarn that the purchase
money hes been paid by defcndants; the defect in
the evidence IS absences Of proof Of payment This
plea and evidences should aegc and prove legaI
lite, valuable Consideration paId and ipnosancs
Of plaintiffs title. By the rules Of chancerv no
evidence lsregaFded which goes beyond hcpiead-
ing.
Here for the first time the ipcat law 6f iss Slais
is introduced into the case Up 10 this tirae Is has
been conducted by the general rules Of exlEeneo
which obtain through theSnion. That peint u,
whether these parties have really the legal tstls
der the law Of ] jlisiana. W here flieFe Is dona-
ilon exceeding the quantity dispoeahe by law, that
donation must be revoked and reduced TO the ds-
sable portion, when the forced heir presents him
self; and holdeiS unsier the donee have better
rights ihan he had hlmseif-3 ToullIer, No J50s
He admitted the correetness Of the French deei-
sions quoie1 by Mr. Taylor; but It will be seen that
these decisions are based upon DECREE Of the Re-
man Emr sror Adrian. There txas q contest among
the French comment atora On fke construction Of
the article Of the CO 1e /" That no one could seu
the property Of another" The Court Of Cassasios
decided in favor of the edict Of the Roman Einpe-
ror--that when an apparent heir, acting a. heir,
sold the property Of the succession they wonid pro-
tsct the purchasers buying in good faith and with
cut notice Of the existence Of the true heir. Dls
ranton and Toullier against The Court Of Ces4
sation, which Is sustained by Merlin.
The judgments of the Court Of Cessation on ar
ticies Of the Code Napoleon copied into ours, are
received IN ihtz State authority, from the high
character Of the French courts but not as OF bind
ing effect. But when the courts travel ont Of the
Code, and found their opinions a Roman edict
which is not in sorce, hen these decisions
to be received in this State for any purpose. We
have the opinions of TOulIier and Of the Court Of
Cessaiion-now who shzll be the arblterl We
suppose ii should be the Courts Of the UniIed States
To find out what is the local law, We Inrst appeal
TO the iuris prudence Of the Courts of Louisiaa- He
cites II Rob 552 Ia this case, a man made will
in favor Of his natural child. The sisters brought
suit for the recovery Of the esiae- They obtained
judgment in the lower court agdinstthe devisee buf
purchasers under him protected by the Judge.
The heirs appealed from the last pertion Of the
Judgement The Supreme Court decided in favor Of
the heirs. He proceeded 10 show that the in
the hook and the at the bar were similar in
principle. The counselfo defendants, however,
seemed to think there WIS difference between The
action Of legitimate heir, holding both by iesia-
ment and by Inheritance, and the natural thiId,
who could only be legatee by universal little in
the absence Of heirsl Here is decIsion of tiio'
Supreme Court Of Louisiana, repudiatng the dAc&
riues Of the Court Of c. ssation, and adopting the
doctrine of TOultef, and further declaring thai the
only pToiscion the law snds TO the purchaser
the prescription Of IN and twenty yeas. This
further proves that the legal title never passed 70
| the purchasers, and therefore they do not bring
themselves within the rule Of the ChaneerV Courts
that the present defendants are not in Of
the legal title. This is the only question Of locsl
law in The case, and submit TO the Court who has
| the authority! Every defendant in the case
prior to 1915. They were all cited or apr cared
| voluntarily prior 1915. had undeSstco I'd that
| gentlemen would conr.ud that this was q vacant
esta'a, and that prescription would during her
| minority but that seems 10 have been abandoned.
| [Mr. Duncan here said they should in their brief
urge the point, and sustain il by autlioEityl Mr..
/ G. said he would examine the prescription Of ten
/ years against a vacant estate. OF course this
| plea can only be sustained by abandoning every
| other defence. ALL the sales made by Reif and
| Chew made as executors, and such Of
| course they fall TO the ground. s. Those who pos
for others, and not for themselves eaunot pre-
| scribe" Old Code, 4S4 Mr. ID. said this APP
piled only 10 the principals, and not 10 third
persons.
The sales were made in 1916, and The purchases
were in bad faith, for the sales without judi
cial authority; and the first transfer by any of The
| purchasers ives in 1923 The purchaser in good
faith can only begin to prescribe from the dare o.
| his own title the otheT5 are Of much later iats
He cited II Rob-, Calvert rs. MGihollan. 10 show
that The prescription against vacant estate could
not Affect complainant. Prescription began TO run
; only from the time that purchaser in good laiti
acquired possession. The first possession in goot
faith was in 1923. The Complainant became o
age in 1925, '26 or "a The prescription Of tel
years against vacant estate was abolished by TN
Code of 1926, when it had run against her onll
from 1923 to 1925. We do not wbefher the
rely on the prescription Of vacaat estate or not
they may choose either Minor and kenner bough
from Ref and Chew, and TO be considered q
possessos in bad faith, and can only plead The pre-
serpon Of % years. De la Croix bought the slaves
and il protect ID by the prescription of Is years
from the majority of Nj Gaines in 1925, '26 u
He was made a party to this suit in 1896 Mi
Duncan called the attention Of the counsel 10 tlp
case Of Mccullough Us. Minor, 2 Annual Reports
overruling the case OF Calvert, and deciding tina
the prescription of vacant esr9's does agains
| minors
Mr.. GTynes said it wss nearly two O'Clock: IL
now approached distinct branch of the case am
as he was faligued, he would ask the Cont post
| pone tie further argument, which was at ono
| yielded.