The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-02-25

MONDAY, Feb. "a. 1851. Present, a full Bench.

Opinions were read and decisions given in the
following cases, to-day:
1. EusrIs, Ch. J... Scott .Nibet ... This is an
puncuon The defendant issued execution and caused
be levied negotiable noe, payable to the order OF
plaintiff. and by him endorsed and filed in Court In suit
The Sheriff levied on the and his hands and
put back again. Scott ne1 the seizure He'd, that
seizlng tangible object of properly, the officer must
take his possession and have control over it. he
deliver the purchaser SALE Judgment reyesed;
and the injunction e-nsiated. PRESTON, j. dissented
2 (1opy Hood vs. DaMgreen.. Injunction against
seizure under execution alleged ground that the Sheriff
properly qualified act and that the
were irregular and illegal The Court unable, from the
evidence, the grounds and was of opinion the
plaintiff in injunction bound to and show them
affirmatvey. Judgment dssoving the injunction, af |
frmed with cots.
3. .Maurin Poydrds, Err. Of Madame Bonnedu...
Suit legacy left to plaintiffs daughter. The
difficulties in the of paying the legacy, caused by
tons of the testax properly being in France There was
judgment for the plaintiff, which is affirmed wi n costs
4. Haurin ct al. Poyaras Err. etc..... Similar
the last between the parties Judgment for
plaintiff affirmed with costs.
5. RosT, Armstrong Police jury Of Madison.
Suit the amount Of certain work in building
Lsvee, ordered by the police Judgment for plaintiff
allowing privilege the land reversed, and iudg
rendered favor of Mrs Sarah Cowan intervening
party for the amount of the claim and costs
g. Frank!invs Police jury Of the Parish Of Madison.
Suit contract for building Levee There YER
dict for plaintiff. The evidence shows the due
Judgment rendered this verdict for the shown
| be due, which is affirmed
z. Copiey Robertson, Trustee, etc..The plaintiff
took rule the defendant show why sale made
by the Sheriff to effect partition in which defendant bought
in the property should be set aside for Tregusry in
making it. Judgment below is reversed the rule dis
| charged, etc.
g. Mordncy vs. F0rds Heirs Suit for damages for the
wrongful .ung injunction. restraining plaintiff
from using and improving certain back concessions Of land.
Ford claimed the land but Morancy got the patent and de-
oyed Ford's CLAIMS Held that Ford had cause to
sininn heh had n lega rig
| for defendants affirmed with costs,
g. Wright. Williams & Co. Wood. Suit a
given in Of the price of tract of land, portion of
which subject to mortgage claim against Rowley
Held defendant could have relief against plaintiffs
Judgment reversed and plaintiffs allowed proceed and
collect the noe from defendant.
TO- Despis heirs st .4mand ct ai.. Opposition to
tableau The Court below Judgment settling the rights
of the parties and fixing the amount OF the sum TO be paid
| and how paid Judgment affirmed
H. Ellis Prerost heirs Suit to tract Of
land being in the possession of The defendants There
link in the plaintiffs chain Of title missing. which
tempted be supplied by secondary evidence The Court
said better evidence bshind and that offered
properly admissible but insufficient make title.
The plea of prescription nerposed and sustained Judg
ment for defendants affirmed.
H. SLIDEL', J... Whne VS.. Merrill. .Contestaton
about priority of White purchased lands and i'm
povements mortgage in favor of the Union Bank in
the Parish of Carroll This had been regularly
corded in the Mortgage Record Book in the Parish Judge
Office Merrill claimed the vendors and privilege
IN
tions in said Parish. Held, that defendant Mers mort
lost for want of recording and that the
in favor of the Union Bank which duly recorded,
, | prevail Judgment for plaintiff affr ned
13. Chiders Patton, ct Gl....The plaintiff sued ou
Injunction the cred tors of her late husband tro
sezng small judgment in her favor against him, She hat
II judgment, which is affirmed
IA PRESTON, j.. Henderson Travis The plain
tiff sued attachment against property Of defendant
ground that he had left the State permanently,
This denied, and the attachment dissolved Tt
evidences showed the defendant had been nearly
for california; under circumstances that left doubt tn
he did md Judgment reversed and attac
,r | ment renttaed, aud the remanded, etc.
4 Is. State Cory Hood. The State appealed from
judsm quahing indictment charging the defendant
asau ting with a weapon and intent 10 kill. TT
Indictment that the defendant attempted shoot
!" certain person with pistol and intended to kill him. e
IS There was motion dismiss the appealno right to
This was overuled The judgment quashing the ndctme
e was reversed and the case remanded, etc.
lie l6 State vs. HapdRd and OtterSon.. The defeudan
were convicted for setting fire to sore Ottert
ef confessed and his confession offered in evidence, which
ID objected The Court say it was properly admitted
" | against Otteron. Judgment affirmed.
II. HHegs5erg's Err VS.. Burhe. This case invov
an intricate settlement OF accounts between the parties,
of large number Of notes. which the defendant
teook collect and account for to the plaintiff etnt
The before arbitraors, and judgment given
~ award. The award opposed on several grounds 7
Court settle the items of dispute, and judgment is for
p balance of $780, with interest, etc.
n