New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-14

4 RANK 10 Tue WOItSaso Va " AAA~AAA - A@SNS7
| rich, the Selling creditor
The plaintiff alleges that the said planta-
| ton was acquired by William j. Beatty
during the marriage with his wife, Clara
Brown: that at her death half thereof
belonged to her as partner IN community.
there being no community debts; that the
same was inherited by Mrs. Santon, from
whom the minors derived title by inner
itancr.
The court gave Judgment for plaintiff, per-
petuating the injunction, decreeng the Mi
| nors to be the owners of one undivided half
| of the plantation, and decreeing them to
recover from defendant. William }. Beatty,
| l2.500 with five per cent per anIum intel
est thereon from the thirty first day OF De-
cember, 1917, with recognition Of mortgage
upon the property of the said William i.
from the seventh day of March, lS45.
| The defendants and the interyenOrS have
appealed 1t is proved that the property
involved in this litigation was acquired by
William j. Beatty during the marriage with
his wife, Clara Brown. that the minors are
her grandchildren, Deing the issue of the
marriage of Judith Beatty with l.. A. San
ton, and being her sole heirs, and that the
said judith Beatty died III the fail OF 1884,.
| The title to one undivided half of the
plantation seized by ". f. Leverich, the
| jud gment creditor of w. j. Beatty, is
therefore established in the minors, it being
the share of their grandmother in the com
| munity which existed between her and her
husband. William j. Beatty.
! The claim for twelve thousand dollars
| paraphcrnal funds received ant; appr0pri-
ated By said Beatty as alleged, is also salts
! tactOrly established, together with the legal
mortgage securing the same.
| But it is contended that this mortgage
was not recorded. as required by law. pre-
| vious to the first OF January, 1870.
The mortgage not being in the shape of a
written act Or Judgment, MI. Ryan caused
| to be recorded in the parish of Rapid-s, on
| the thrtieth day Of November, 1863. the fol
| lowing statement, to wit:
State OF Louisiana, parish OF Rapid s.
| The statement of NJ. Ryan, being cognizaut
! with the facts herein stated and of the sum
received and Of all other matters pertinent
| to these presents, shows that Lewis A.
| SantOn, tutor Of the minors of Louisa
Amelia and Clara Maria the issue of his
marriage with judith Beatty, that they the
| minors, did inherit from their mother
Sl2.5O0, Ind bearing three per cent interest
from the thirty-t first of December 1917, and
to secure to them the said sum they have a
taclt mortgage on certain plantation IN
the State ami parish aforesaid containing
about 1000 acres. and being the same plan
tation on which William S. Beatty now re-
elues' uAty. tue Sitlu uinOrS. Also cllilu tnat
they derived the said property i'll the fol
lowing manner. to wit: William J. Beatty
married Clara Brown, their grandmother.
in the year 1915, and that Immediately after
said marriage, the said William j. Beatty.
received $4,000, the paraphernal property
OF his said wife. Clara Brown, and that the
said Beatty did use and convert to his own
use and benefit the said $4,000: and that
the said Clara Brown the wife of the said
I I'm.
and the said minors further claim that they
are entitled to be reimbursed the said sum.
with interest from judicial demand.
Sworn and subscribed before me this, the
thirtieth day of November 1863.
MICHAEL RYAN.
j. *. &. BARLOW, Probate JuG &c.
We regard the registry of this written
statement. detailing the facts and c;icum-
stances under oath of the claim in which
the legal mortgage OF the plaintiff is basel.
as "a substantial compliance with the first
and eighth sections OF act No. % Of the acts
of 1863, entitled An act to carry into effect
article Us of the constitution, and to pro
vide for recording al! mortgages and privi-
lcgcs.''
The mortgage asserted by the plaintiff is
not the mortgage OF Il minor against his
tutor, which the act referred to requires To
be re gs cred according to sections two and
IA
accorded by law 70 secure the claim OF
married woman fox parapherual funds re-
ceived and appropriated by her husband.
The plaintiff claims by inheritance the
debt and the mortgage due by William J.
Beatty to his wife Clara Brown. and in
this proceeding seeks to recover the same.
We think the certified copy OF the state
ment was properly received to prove the
registry. and that the bill OF exceptions to
the ruling OF the court receiving it WAS not
well taken. We see no error IN the judy
ment. Judgment affirmed WHY. J.
}. A. 5. Beckhan VS.. John Henderson.
heirs OF A. d. Palmer warrantors-AppeaI
from the district court of East FeliciaDa.
In the year lS3l or 1882, john A. Beck
ham. the tather of plaintiff, married Jane
Coleman, who died in 1896. leaving an in
FAINT child, Rosana Jane Beckham On the
first OF November. 1888. he married Lucy
l.. Smith, who died on the second OF March.
1911, leaving no other descendant but
plaintiff; and. in September OF the same
year. plaintiffs father also died. leaving
but the two children, to wit: Rosana, by
his hrst wife. Jane Coleman. and plaintiff 10y
his last wife, Lucy Smith. In the year
1892 Rosana died. being at the time of her
death about fifteen or sixteen years old.
The plaintiff claims that his father pur-
chased this land during the lifetime of his
first wife, Jane Coleman, and at her death.
Rosana, her only surviving child. became
the owner of an undivided half of the
same; and at Rosana's death plaintiff in
herlted all OF her rights. 1t is not claimed
that plaintiff OF his half sister. Rosana,
was ever Invested Of the title to this
Land by any proceeding contradictory
with either of them; but the answer
alleges that the defendant purchased the
land from A. ID. Palmer on the twentieth
OF March. 1853; that A. u. Palmer pur-
chased from Adam Palmer on the seventh
of May, iS49. and that Adam Palmer prr-
chased it at the probate sale Of John A.
Beckham, deceased. and that the same was
sold, under a regular decree of the court. to
pay debts. This probate sale was made on
the first of July. lS4S and the land was sold
rs the property of John A. Beckham. de-
ceased.
The case was submitted to a jury whose
verdict is embodied in the decree of the
court, recognizing the plaintiff as the owner
of one undivided half of the land and fix
ing the vali:e of the improvements at $1,000
one-halt of Which Was to be paid by
plaintiff
There was judgment in favor of defend
ants against the warrantors for $3.50. aud
both the defendant and the waIrantors de-
mand ranking from the date OF the recep-
ton of said sum as set forth.
In argument they rely upon the following
grounds OF defense for d reversal of the
judgment:
|. Prescription of ten years
:. That their title to the entire tract of
land Is perfect. they having Ill good faith
purchased the same at judicial sale. made
under and in conformity with a decree of
court having jurisdiction.
l. Upon the point of prescription they