New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-02-11
Sunrema Court Decisions.

Tuesday February 10--The three following decisions
were delivered iii this Court yesterday
Lucas S,1hon, appellee vs. John W. Gaewood appellant.
Appeal from Assumption EusTs G. J, Judgment af
frmed.
JESSE G. Lst,uch, appellee Va Mary Ann Letuich adj
m,is,,utor appellant Appeal from Iberville Sill
DELL j. Judgment reversed, and decreed that the de-
fenat recover in reconvention $780, o. with interest
the sum of $1069 81 the 10th of March, 1851 until
paid Costs of appeal to be paid by plaintiff and costs
of Court below by plaintiff and one-haf by de-
PENDANT, etc
Succession, Of as Raalagossa Winchester Han adinstra-
tor appellee. Michael Ramagossa. ct al appellants. APP
peal from Assumption. PRESTON j.. Judgment af
frmed, with this qualification that the claim of Char
ote yerrett bear interest at ten cent to the extent
of $s7 so that the of $695 shall bear interest at
five per cent from the oath of May 1851 The balance in
favor of administrative of $685. to bear interest
that the back concession of $50 of
land be sold and applied to those claims, ETC. ie
| SupREME CouRr Condensed DEcIsoSs-Monday, Feb Q.
Present Hon Chief Justice Eustis Associate Justices
| Isaac T. Preston, F. A. Rost, Thomas Slidell
j. r. Lopez & Co.,. appellants, NJ Adam e. Co., appel
lees from Third District Court of NewOrleans
SLrpEIl Held that where the plaintiffs consented to
joint adventure and advanced money in induced
by the Misrepresentation and suppression of material facts
on the part of defendants they upon discovering the
of the matter had right to repudate the transaction
and by an action of RECESSION recall the money paid 1t is
therefore ordered that the Judgment of the District
be reversed and hat plaintiffs recover of defendants the
amount claimed, with costs in both courts.
Yalmont D. Ierrebo,s administrator, appele Michael
| Walsh appellant Appeal from Lafourche Interior
SIpEI Plaintiff is administrator of the succession
of Bridget Lyons The succession is the owner of slave
named Polly sold to Mrs Lyons and the plaintiff claims
by virtue of that SALE the ownership of child under ten
years of age of Polly before the sale The deed
sale expresses intention the part of Walsh part
with the child but the contrary he retains possession
of the child after the sale Of the mother Per Criau
the law forbids the separate sale from its mother of child
under ten years of age The plaintiffs claim to the pos
session of the child is therefore well founded Judg
ent reversed and ordered that plaintiff recover posses
sion of the child and that defendant be enjoned from
separating the child from Its mother until it shall have
attained the age of ten years ut which time at TIT
death of the mother if the mother should die the
defendant may assume said possession OF the child Il.
owner Costs of suit in the court below to be paid by
defendant, and cost Of appeal by plaintiff.
Cdistopal 1oledaio. appellant, Nm. Ref w. "a Ryan
appeut and appellee Appeal from Fourth District Cour
of NewOreans. Eusrls G. j.. Held that where mort
gage was given the payment of draft Of which
plaintiff was acceptor and plaintiff paid the draft at
turity, the mortgage became nuity for want of al
| object -. Judgment affirmed.