The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-04-18
Supreme Court of louisiana
April IA. 1851. Presen, all the Judges.

States Tho widow. the natural tutrix administered
The property in Louisiana. Mrs. McGi owed Duckers
esate large Held by the Court, that community
Of property existed that the property in this State La
be Tor the debts that the OF maintaining and edu
eating the children properly paid from the estate in Mis-
ssspp, and not chargeabe to the estate hee that the
prescription OF four years. after minors come OF age, bars
them from attacking the administration OF their
tutor. applies to James and Susan McGi The oppo-
tOn OF Duckes sustained Judgment reversed,
the claims of James and Susan McGill agans,
their resulting from her tu,ohip and the tact mort
gage resulting therefrom the property OF their said
mother and the opposition Of Duckers curator said claims
sustained and the said claims be dsaowed and that
other respects the said judgment of the District Court be
affirmed. The both be divided between the
parties appellant and appellee. each paying one'half.
3. Rosr. J 90. Simmons Burroaos. = Suit on
Defendant appealed, and says interest is allowed for
much aud he relies this ground for reverng the udg
ment The Court say the should have been corrected
application to The District Court but dspenses the
from giving damages as for frivolous appeal.
B. Simmons vs.. Burroos. .. Second Case.-Suit on a
Defendant asked for continuance account of an
absent Admitted this witness, if present.
TO the facts stated in the affidavit. The evidence
The trial proved inconsistent with the defence
up Judgment for the plaintiff is affirmed.
4. HDams vs. SMITH. Suit for clothing, medical
danGe and boarding certain slaves Of defendant placed
her slave yard for sale Thssaves attached Defence.
general denial and claim in for the hire the
slaves The plaintiff proved her demands; the contest
whether the defendant is personally table, and privilege
exists the slaves.
the slaves, and her death they go heirs. Her
husband. trustee brought them 10 New Orleans for sale
lie died after, and the slaves nyenofied part
her estate. The defendant Is his surviving widow and de
man1ed The slaves from his Held, that slaves
movable by their nature and when placed deposit for
sale, Hble ior The expenses incurred keeping them
Judgment for plaintiff amended. be satisfied out of
the sae of the slaves attached. and aGrmed other
specls; the appellee 10 pay costs.
.. HGy1o0d & StaekhOuse Va. Kendall b. Suit for the
pee ol slave purchased from the defendant. which is al
iesed had the consumption when purchaed and of which
the slave died The plaintiffs unable TO make out their
case by proof, and the petition dismissed as OF non suit
The Cour o opinion. from the evidence the defendant
''eutled to final Judgment he asks Judgment accord
ingly.
.. Rogers VS.. Mrs. Mckinney Broun Interysnor .
suit for the price of slaves and for the enforce
men OF The contest about recording the
ui sale aud mortgage, etc Judgement in the court be
low Is reversed, etc.
EusrIs Oh. j.. Rosr, j.. and sLlDELL. j. delivered
separate opinion. but came to the conclusion.
PREsToS, j., dissen,ed, and or affirming the udg.
ment for plaintiff
This involves important principles recording
mortgages, and viii be fully noticed reported here
aier.l
7. SLDELL, J.,.Jesso 1teHeary vs. Black q Kelldr,
The defendant kelar sued endoser of note, and
ssts on the ground of want OF demand of the
maker The latter had removed to another parish few day
before the became due inferred from the ev
dence he held the idea that his Old residence still hi
place OF business, and that there cousion between hin
and the endOrser. There Judgment for the plaintiff
which Is affirmed.
8, Lcuis al. BakcaceA Executor Of Il. Gordon. j..
This suit the of AleSr Gordon deceased,
eniOrse The objection is that notice OF protest only
given of three eIecuo, when it should have been
given all to bind The estate of the endorser Held to be
sufficient Juig for plaintiff affirmed.
g. Dickinson. etai,, Of Steamer Princeton vs.
Bonner y smi.. The defendants are sued for s556 being
the freight 81 bales OF cotton The defence that they
had advanced s40 charges said cotton and that al
the charges and freight paid. The evidence incon
elusive, much that the court unable decide be
the parties. and the remanded for u new trial
10. Rhodes ct al. VS.. Hooper.. John Rhodes the
OF several slaves, and died leaving his widow
muny and era minor children. She purchased severa
OF these slaves after the death of her husband They
seized execution, and purchased by Hooper the amour
OF s475 This suit Is instituted by of the children
Rhodes to the slaves and their hire There wa
Judgment for the defendant, which reversed, and it de
creed that three OF the heirs of Rhodes
i37lSo in sixteen slaves formerly belonging the
OF Rhodes and their increase and that said interest in SAT-
slaves be delivered in twenty days, i'll defauit pay $3.50
g. and also sltS for the of said slaves that tn
rights of defendant by of the mortgage of Satai
Rhodes in favor of the Union Bank and the subrogatiol
thereto be reserved to the succession of Hooper.
IL. Borgstede vs.. Le0is sheriff.. Suit to make thu
Sheriff liable for taking insufficient security from the pur
chasers of vessel, sold under the plaintiff execution. Th
purchaser offered two endorse who inquiry
said be good and solvent and the Sheriff received
them The security failed, and the debt remains unpaid.
The minority OF the Court came TO the conclusion that
being shown the Sheriff made digen inquiry the sol
vency of the surees he longer responsible.
RosTJ dissened lie of opinion that under article
% and BOIL of the civil code, Judicial snretes must hay
property sufficient to answer for their bond and that tn
Sheriff in this case Is liable.
T. PRESTON J.,. WGrrea Saitea6erger. ., Suit 70
certain personal properly against the defendant, who
minisiraX of her husbands estate. The plaintiff claim
certain furniture and damages for its detention, which
alleges the defendant has in her possession She bt
her husbands estate and nvenOried such
There proof that the property belonged to the plaintiff
Tha aenla not hAV u he 1ption hahn
brought against her personally, it is considered that she
personally liable. Judgment for the plaintiff affirmed
SLlDELL, J. dssented. He of opinion the defenda
could only be liable in her capacity administrators,
I3. Nc IotoeH Couch, Sheriff. 6... Suit against Il
sheriff OF the parish Of Madison, the slave Jer
who was the custody of The Sheriff, under sentence
death on II conviction for murder. The District AOrn.
interviewed for the State Ths punishment commuted
imprisonment for life. The plaintiff claimed the slave;
District Attorney claimed have the slave punished. ri
Sheriff held him for punishment according 10 senienc
There judgment pganst The plaintiff, and he appeae
Ills counsel contend
That the State has right. under the 10Th article
the Constitution, take his property without adequate
pensation.
q The State has no right TO deau the slave, the day
execution having passed
g. That another day could not be fixed for the execu,io
as the tribunal that tried him no longer existed.
A. That the Governor and Senate had power and rig
TO commute the punishment.
s. There is nothing in the law and Constitution to war;,
commutaon, without the OF the convict and the ss
incapable OF giving this assent.
The Court ovenued all these objections and affirmed
Judgment below that the prisoner be imprisoned for life
The State PenentiaIy.
Ia. Leftpch, .7dminiStrdtri1, VS. LGttoitch, admin
traitor. This is suit settle and from the def
dan, balance due from the partnership firm Of of
Leiwiches and Wilson. The widow, administrative
OF the Leftwtches, institutes this suit. The evide
involves a complicated statement Of accounts. The &C
the Judgment below, and decree that the pair
recover from j. c. w Letwitch sl2l So, with interest
in the District Court the appellee paying those of
appeal
10. FeUr0t DcBrOca Il n... Suit to from
wife the amount of debt OF her husband She had
chased in the property of her husband for large
her Judgment OF her separation, etc. md it alleged bect
liable pay this debt. There was judgment for plain
aud she appeaied Judgment reversed Decresd. that
defendant Detroca pay the plaintiff $2ll7 50 with in
est That the be remanded the 205 shares of III
Bank stock, RosT. j., dissensed to the Bank 81
part of the Judgment.
10. Leblanc De Brocd aud Vito.
H. Se,oart Same This suit is instituted by the
tors OF the husband against the wife, who purchased in
property or estate under her judgment of
property, etc. The painis in both had Indgme
and the wife appealed These contain detailed s,
ment OF facts, without law points. etc. Judgment of
District Cour is affirmed.
APPOINTMENTS BY THE PREsiDENT.-Will
ii. I. Mills, OF Georgia, to be Marshal of the
ted States lOr the District of Georgia, in pac
w. M Brown, resigned.
Charles w. Davis to be Secretary OF the BE