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

MONDAY, March 10, 1851. e. Present-aH the Judges.
Opinions and decisions were read in the follow
ing cases:
l. EUsTIs, ca J.... State Read Indictment
charging defendant with uerng certain words calculated to
excite characterization among slaves, etc, under which he
was convicted and sentenced in the Penitent
motion in of judgement overuled, and
the defendant appealed Judgment reversed and arrested
| This case will be published tomorrow in full
g. Charles Hc.Hieken vs.. .Maren!. This is appeal
from an nerocutory ORDER refusing make certain
parties 10 this suit No appeal lies from such order The
appeal is dismissed.
| 3. Russ Ydn,andingham. This suit is
count for $780, for the of land and $3.50 for work and
expenditures defendants plantation The amount of the
items annexed to the petition without dates. The
tried principally evidence ELECTED from defendants
answers to interogatores and there verdict and udg
men for plaintiff for $40 The evidence does support
the verdict in the opinion of this Court Judgment re-
versed :; and one rendered for defendant.
Ferguson vs. Thomas heirs. This is action of
nully to set aside Judgment in which Gen. p Thomas
recovered the possession of of land and was oueted in
his tite The grounds Of nuty alleged that this judy
ment was obtained without legal citation service of pe
ton. The suit dismissed exception that the
petition did not aege either possession title in the plain.
tiff. Judgment affirmed.
5. TherriOt Henderson, Suit TO recover s525 nm
contract for making defendants sugar. and for the hire of
three slaves sl69 &c. Defence failure perform contract
and COMPENSATION and reconvention pleaded There was
verdict and Judgment for s6lO A. with interest the interest
1oas RENTED; and Judgment is affirmed.
6. Union Bank Of Mississippi, etc., vs. 3ndreao FL
las, ct HIh suit is against Turner H. Miller as surey
on an obligation in which cosurey discharged on the
ground that his Signature forged There no proof
to show the defendant LIABLE and yet Judgment was
given in his favor. The loosely tried Judgment
reversed, and the case rsmanded for trial.
7. Gaines Dupiantier. The plaintiff was non.
su ted IN the Court below the ruling of certain de-
positions. The involves points of practice and the
correctness of the proceedings the trial Judgment re-
versed and the remanded with instructions and drec
tons. etc.
.. RosT, H.. Tucker ct al. -Musselman, 80. Suit
to recover certain slaves and moveabes Instituted by
defendants and they sequesteed. The plaintiffs as
heirs of Rebecca Gayle. bring this suit recover the poses
sion of one of the slaves from Sarah Musseman The de-
fence is that the slave held under the sequestraon and
suit pending for it. The defence sustained and the
Judgment is affirmed.
8. HoOuer Miller. Suit recover piece of land
in possession of the defendant, and damages The de-
PENDANT claims the land virtue of an agreement in which
plaintiff TO bid off the whole tract, at probate sale
which lay between them, adjoining each of them. Hoover
bid off the land and refused allow Miller take the half
next to him. adjoining his plantation Hoover on being
nienog ated by the defendant admitted the agreement bu
said 1t had been "brOken. The Court dregarded the
latter part of the answer, evave etc. Judgment below
reversed and Judgment for Mlergving him the land on
complying with the terms of probate sale; and the case
remanded. 10 carry this judgment into effect.
TO- SLTDELL, j.. ROy Curator, vs. (3oron d. Ma.
son.. Suit recsipt certificate of deposit of Si63
Defence is. that paid. The evidence unsatisfactory ar
vague The judgment of plaintiff and the case
remanded Tbs court remark that the clerks statement of
facts loosely prepared 1t should have stated which party
offered particular items of evidence and have left this to
inference.
IL. Mckee .4mmonetts and Suit TO annul
and set aside proceedings in attachment and suit on Ten
nessee Judgment, in which certain slaves claimed by the
plaintiff who lives in Mississippi, nveiged and brought
this State and seized by the defendants and bought in
Fraud and vllany charged against the defendants
Judgment in their favor reversed and one for the
plaintiff, etc,
II. DawSOn vs.. HIS CreaitorS-.uenard oppoaeRt...
Opposition to the wite mortgage claim the tabeau by
redltor of the nsolven The wie legal mortgage held 10
superior to opponents which conditional to against
n endorsement. Judgment against opponent affirmed
10 Gr0res vs. Roberts, Agent Ct the Bank Of the Uni
ed Stdtes. This is injunction suit EMO ming sezu,
nder Judgment against Groves in favor the United States
tank agent Groves pleaded payments and an ey
ngulshment OF the Judgment The evidences of which failed
satisfy the court. Judgment dissovng the Injunction
tirmed with costs
a. Haynes, Lq@idqtor, etc. VS.. BeeEham's Succession
u on The following note:
...s,o JACKSON, La, 4th February 1870 |
St4o Twelve months after date promise to nav 10 the
der of L. Sturges Cashier of the Hinton and Port Hn1son
aue received, payable and negotiable at said otce IN 9
N waving the usual Bank notice; herewith leaving in
,.,,, J. A. III BEGxHAM"
Held that this negotiable instrument and the fact of the
ledge given to secure the payment did destroy its nego
ability 1t consequently within the five years prescr
on under the Article 35O5 of the Civil Code Judgment
Or the defendant affirmed with costs
PRESTON, J....YdipS Heirs vs.. Bird Executor ,tc |
nd Jafs, stare. The plaintiffs sued to annu viii
lade By H. e. Val, the ancestor in which he bequeahed
eedom to his slave Jane. and NOES of 800
ach Petition alleged that these leg shou be annu ed
ecause the testator lived in concubuage with Jane The
elendan excepted that the allegation of eoRcubinsge be-
'een master and slave could not be maintained the ex
ptions sustained Judgment is reversed and the m
plons oVeued The case remanded for trial the merits