New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-16
THE COURTS.

III the United States Circuit Court. the
suit of Latham against Hickey was tried by
"a jury, the slst OF the suit being as follows
Mrs Latham sold her interest as heir tc
Daniel, executor OF Philip Hickey, de
ceased, for $4,000, to be paid in one, two
three and four years. The purchase of this
interest was attended with the conditions
| that In case the interest of the seller should
not amount to the pride agreed upon she
was to settle up the difference, and in the
| event of its exceeding the price the pur-
| chaser was to cash the difference. The date
! of this transfer was 1851. since which time
there has not been. according to the peti-
ton of Mrs. Latham, a cent paid Oh the
contract Such are the principal facts Of the
| suit
The verdict of the jury was rendered in
| favor of the plaintiff tor TIE whole amount
claimed.
In the United States District Court the
celebrated land case" and Spanish claim
OF Marigny and others against the United
States, filed under the recent entry act of
Congress, is now ended. Judgment became
final and eXecutory yesterday, and is as fol-
lows:
"lt is decrced that the sale of In.endant
Mora les to Geronimo Lachiapela OF Janu-
ary ~, 1904, and the sale OF Intendant Mo
rales 10 Jayne Jorda of January >, lSU:, are
valid claims against the Jnited States, and
that the plaintiffs are entitled to recover
from the United States fifty thousand one
hundred acres i'll certificates of location to
be located upon any public lands of the
United States subject to private entry under
the sixth section of the act of Congress Of
June -. 1861
Judge 1heard, of the Fourth District
Court, yesterday decided the cotton case
of Donovan against Ellison and Griffin
The plaintiff snes for the proceeds of
-wenty-eigEt bales of cotton taken away.
ne AYERS, from the Cowthorn plantation.
IN Arkansas, in 1865. The defendants
answer that the cotton was taken from
thence to a landing on Red river, in Ar
kansas, where X. X Price made oath that
th" cotton was owned and raised by him.
when permission was given for its shipment
by the government agent. Atterward
Joseph Ellison bought the cotton in good
faith for Sl6S0, a good price. In rejecting
plaintiffs claim. Judge Theard held as fol
lows:
The facts set forth in defendants answer
are proved. On the then existing state of
things there was no higher evidence of
title to cotton than the power to control
ana government permission TO ship. The
only person who opposed the shipment and
right OF Price to control the cotton was the
overseer. Grow: and before the boat left the
landing Crow told Ellison that he had fixed
completion OF the bargain by Ellison. and
he accordingly paid tor the cotton and took
the evidences OF title.
In the suit Tor damages against Recorder
Billings, wased by II. H. jackson, in the
Sixth District Court. the defendant filed an
exception as a bar to the further progress
OF the controversy, that the question at
lssne, involving, as it did, his right to the
office ut Recorder of the Fourth District
WAS informal :,s he coul1 only ha Jo1
against under the intrusion act and then
only in the Eighth District Court This
exception was submitted During the
action it was suggested that as the Eighth
District Court had already issued a rule
nl>i to show cause why an Injunction re-
stralnng jackson from further proceedings
SHOULD not issue, he submitted what should
be done, tor Counselor Cooney was not
willing to place either his client (Jacksonl
or himself IN contempt. Judge Cooley had
no order to make. but was severe on the
recorder tor attempting t. create "a conflict
OF jurisdiction between his own and the
Eighth District Court
In the Eighth District Court. the Board
Of State Assessors have applied for a u,an-
dainus on the State Treasurer. The board
obtained Judgment in their favor for
$lo2'' 6". from which a devolutive appeal
was granted 10 the Supreme Court and the
Judgment became operative. compelling the
Auditor to issue his warrants in their favor
t"r the above amount. and comply with
the State law. In the present application
Tor manhamuS II IS avcrred that the Treas
urer, on demand. refuses to paw the war |
rants issued in compliance with the former
judgment. The Treasurer has asked for a
delay 10 prepare an answer. and the case
other holders OF warrants are expected to
Intervene