New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-26
if made directly with each of the front pro

bill is duly made out and delivered to the
contractor; which, in this case, dated Feb
ruary %, 1870, the plaintiff could not make
the privilege last longer, for an indefinite
time, for his own act of rcfraining from
recording the bill.
3. Privileges are stricte jures. and where
the law distinguishes and separatesa species
OF claim from Il more general law, and
makes !; species special and subject to Il
shorter prescription, and makes particular
rules with regard to it, the courts cannot
coniound it with general class, and thereby
evade and dcyiate from more special and
restrictive act.
4. The recording of the plaintiffs judg-
ment only gives judicial mortgage, and
does not supply the want of registry OF con-
tract itself, it is only where these are re-
corded that Il privilege exists.
Third opposition maintained and judg-
ment as prayed for in favor OF opposition
Eighth District Court.
The following petition was yesterday filed
in this court:
Thomas c. Pagan Va. Hugh ]. Campbell
Register State Land Ofice.-Praycr for u
writ OF mandaMus.
Petitioner AYERS that on the eighth Of
November. 1861, he purchased a tract OF
swamp land. consisting of 1912 l6l0O acres,
aud on the thirtieth patents were issued
upon said entries, and delivered to pcti-
TONER on the twenty-sixth day of NOvcm-
ber. 1869 Governor Wells issued an order
TO the Register of the State Land Office,
directing him to disregard the title OF the
petitioner. and to proceed to sell said lands
to any parties applying for the same.
On the twcnty-sixth OF January, 1866, the
petitioner moved by this hostile act, made
further and second payment OF 81 .M2 10
said payment was against his will, and
under the fear that by said act of the Gov
crnor his lands would become prey to
Speculator.. Petitioner sOlcmnly protested
against said acts of the Governor and Reg
i,ter. and caused said protest to be entered
upon the records of the Registers office.
About August 10. 1870, petitioner made
written application to the then Register for
!. warrant upon the State Auditor for the
return of said sum Of 1909 10, which the
Register refused and still refuses: where
fore he brings suit to recover.
The writ has been issued az asked for
commanding the State Register of Lands to
comply with the prayer of the petitioner, or
show cause to the contrary January .. at 10
a. NJ.
Judge Dibble has rendered Il decision.
granting a separation of property between
Elizabeth Evans and her husband. upon IA
rehearing.
There came up before this court, ycster-
day, the rule taken by Alexander Walker
in behalf of certain bondholders, the as
signccs OF the Old Commercial Bank, to
have rcinscribed Il mortgage in the Office of
the Recorder of Mortgages, which had been
erased by order If the court Judge Dibble.
after argument took the matter under adj
viStment.
The grand event Of the day, however. IN
this court, was the trn. off of the first guns
i'll the Shirlnsh line in the great fight now
coming on between the Chattanooga Rail
road Company and the State. i'll which the
city. the Pontchartrain Railroad Company
and Charles Morgan, Esq. are parties. The
State is represented by Attorney General
Bclden. the city by George S. Lacey. ESD,
assisted by W. W. King, the Pontchartrain
Railroad by Messrs. Lea, Finney 4 Miller.
Charles Morgan by Miles Taylor and Messrs.
Leovy & Monr6r. certain front landed pro-
prictor-, intsryenors, by Judge Cotton, and
the Chattanooga road by Jud re Campbell,
assisted by James B. Eustis, Esq. Judge
Dibblc has set apart four days to listen ~
the argument in this case. which will be ex-
cecdinglv interesting and important. as it
will have .thc effect OF definitely defining
the status of the batture property about
which so many disputes have arisen.
p.,.,,, n;.,r;., co,r,-r,. or.,;,, If
'""''" ruu,,,,,;. s,...,, VI
truman" ''e''
The usual legal forms and delays having
been gone through with tor the OPENING OF
Franklin street. Judge 1heard has ap-
pointed James H. Prague Henry Bezou and
Thomas Theard, commissioners OF estimate
and assessment IN the matter, who are or
dered to act and determine therein. accor-
ding to the law in such cases made and pro-
vided.
y s,nt between several banks OF the city,
no
tIrm of Clayton Williams d Co.. detaulters.
has been instituted IN this court. the petl-
ton OF which Is as follows:
i. Louisiana State Bank vs.. Hibernla Bank
and Germania National Bank. IN the sum OF
SlbS1 4o.-Petitioner sets forth that on the
tenth OF December the firm OF Clayton, VII
liams & Co. opened an account with the
Louisiana State Bank. as deposltors, having
to their credit S4lo IN cash. and ON that day
,,,an V;"ncs 4 Israel IN rho Merchants,
Bank. for 1886 15; one of Otto II. HASTEN
dixie. ON. the Canal Bank, $276S as: one of
Matthias Lew & Co.. on the Bank of New
Orleans. for SlllO 95: one on the Germania
National Bank, by Commasere & Lambert,
for siOo} o.: and two ON the Hibernia Bank.
one drawn by f. Burke, for $52l2 43. and
one by J. G.. Ryan. for S5O75 81.
The account of Clayton, Williams & Co.
was Immediately credited with the abo We
checks. and that iay they drew upon the
same for $1,000, which was paid; the same
day they drew - cheek on petitiouer for
$40. 600. which was not paid. the reason
-iy.n to said firm for on-payment being
that the bank desired first to have the de-
posited checks certified. The checks on
t;eru,ani, National and Hibernia banks
being sent TO those banks for certitication.
were returned duly certified in the usual
manner. Merchants and Canal banks sent
verbal answer that checks on them we're