The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-04-26
Supreme Court of Louisiana.

Morris, Sheriff, VS.. RasuL The securities of a
Sheriff are liable for moneys received by him, as
Syndic of an insolvent succession, when such
Syndicship devolves him by operation of law.
10 enable Syndic's creditors to attack judg.
ment of the wife against the husband, there must
be allegations of fraud and collision, and that the
creditors sought to be defrauded were SUCH prior to
| the rendition of the judgment.
The ownership of an Improbable saw-mill. and
of large tracts of wild land in Texas and Arkansas.
raises the presumption that the owner has ex-
hausted and wasted his means in wild and ruinous
speculations.
| Where purchaser of property at judicial sale
retains the price to pay off apparent membranes,
other creditors may show that these did not exist,
and receive the amount on their debts.
In this case, the judgment was reversed, and one
| rendered in favor of the Syndic of the deceased
husband for sl5,736; but only to be paid after a
tableau of distribution and homologaton.
| OKearny VS.. Holmes. "A vexatious suit. Judg.
ment affirmed.
WaaoU Poyse vs. BonneUaI. :. Where property
| has been advertised for several weeks before the
sale the vendor will be bound by such description,
but not by the loose assertions of the auctoneer
made at the SALE in the absence of the vendor and
without his authority. Where defects are patent,
the purchaser cannot set them up as a reason for
declining to comply with his bid.
c. M. Cham6erltn VS.. March q 7Nil5ank.
party cannot recover who acts in such a manner
as to produce in the mind of another, belief of
what is false, or an ignorance disbelief of what
is true, and by this continued silence induces such
other to enter into contract injurious to himself
but advantageous the deceiver Its an infexible
al th,t, -,
tracts, and 1t should be particularly enforced in all
commercial transactions the law of commerce is
| the law of honor Judgment affirmed.
MaIlard d Armtstead Ca,penter-Burke,
| Watt y Co., tAird opponents. "A judgment, to
| operate judicial mortgage on slaves, must be
recorded in the Parish of the defendants domici
or in that where the plantation to which the slaves
attached is situated. Burke, Watt ~ Co. re-,
corded their judgment in the Parish of Orleans,
while the defendant had his domicil in the Parish
of Jefferson. The slaves were attached to no plan
tation, and the mortgage did not operate.
Wilson vs. Brown. Where party orders a
particular cargo, at limited price, which he re-
fuses to receive, and the cargo is sold at private
sale at the current price, he responsible for the
difference between that and the price stipulated.
Judgment reversed, and one rendered for plaintiff
Porter VS.. Ledour, ct al. Judgement for de-
PENDANTS reversed, and case remanded.
King vs. Sigur. action of warranty can
be sustained, producing the record of the suit,
and judgment of election from the lands sold, and
showing that the vendor was notified to defend the
suit, and did defend. In this case, the lands sold
were in Mississippi, and the deed contains the
usual covenants under the common law. When
the vendee was sued, The defence was undertaken
by the son of the vendor, who was also his agent
The vendor paid the lawyers fee. The Judges
being divided in opinion, the judgment of the Dis
trict Court is affirmed for plaintiff
Judges, PRESTON and SLIDELL, dissented. They
thought that it should have been shown that the
ground of eviction existed at anterior to the SALE