New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-05-20
Local intelligence.

ALMOST 4 DrEL-The officers of the First
District Police having got wind that duel with pistols
and coffee for two the t4rjs strong force was
put upon the scent and hunted the would be
baants. The parties arrested and forced 10 give
bonds to keep the peace. Tie summer fights are com
mencing-as they always a. the approach Of sutry
weather
[, s. DISTRICT COURT The Admiralty Docket
Of this Court will be called this morning ga O'Clock
and eases at issue set down for trial
FIFTH DISTRICT Court Judge Livingston
yesterday decided involving question consider
able Importance and interest such Of citizens
keep horses, cattle, The defendant in the case D
Fairex lost worth about seventy five dollars which
taken up by the police estray and after adyer
tise,nents in the official paper was sod at auction
to John Ears the plaintiff for the Of twelve dollars
Some time after this sale the brought Faire1
by boy Earls then instituted ,uit before Justice
Jonte possession Of the COW The counsel Of
Fairex Gontendei that the sale Of the by the city au
horities Earls Illegal null and void on the ground
chat the description Of the given in the official
notices correct The Justice Of the Peace de-
cided that the sale good and binding on Farex az
appeal then taken to the Fifth District Court
Judge Livingston yesterday reversed the judgment of
the lower and decided the in favor defendant
The following the given by the Judge in sup
port of bis decision
lie the plantitf) claims by virtue of the sale made
under the police regulations Of the ty all the re.
quisites OF the ordinance complied with he must
recover
The described in the advertisements as
large rcd cow white face and beiyno other or
brand visible Was this sufficient description SIEVE
raj witnesses for plaintiff swOre that the description was
correct while the ,rt Of the defendant is shown
that the not of red, but Of brinda or dark
mahogany color with white face belly and legs The
which wa9 brought t. the building for nsrec
ton answers 70 the latter description She is brndle
with white lace. belly and legs and with horns some
what peculiar. She had mark the rimp but the
testimony leaves Il doubtful when the mark was mad
she sHould have been described accurately ard
miuufey The court considers the description inaecu-
rate and such would not lead the defendant suppose
that it was his
It elementary principle Of the contract of sale that
the vendor should Xpain himself clearly respecting the
thing sod and this principle is peculiarly applicable
sales made under the authority Of Courts Of Justice
Scawtli vs.. Payne 25i and cases there cited.
II is also well settled principle that in forced sales Of
must BE- strictly followed An description such
description cannot instead must be given of the
property be sold The defendant without fault on his
part loses his property under description inaccurate
and defective The plaintiff who has purchased must
have known that the he bought did answer the
description given he Court OF opinion that the de-
scrption inaccurate and that the plaintiff acquired
no title
1t is therefore adndged and decreed that the udgme
rendered in this be reverted and that there udg
ment for defendant with costs.
- Coleman Esq appeared for plaintiff Michael
Ilahu Esq defendant