The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1872-08-03

GraySOn, the bankrupt anu owner OF
the land, at. the time of his surrender.
Plaintiffs proved their claim, attended
first meeting of creditors and voted for
an assignee. Here their participation
in the proceedings ended, and this suit
was to enforce their mortgage on the
land surrendered by Grayson in bank
ruptcy, and sold.
The Court says: "The plaintiffs were
clearly dispensed from the necessity of
demand and notice as provided by Art.
50, G. P, by the bankruptcy of Gray
son." GA demand on him and q no
tice to Bowman would have been
vain ceremony, to which the law COM
pels no one: Is A., 2Ss.'' The fact that
the land was once sold by an assignee
in bankruptcy, does not deprive the
State tribunal of jurisdiction.
can assignee in bankruptcy may sell
without petition to or order Of the
bankrupt court, any property of the
bankrupt encumbered in any manner;
but when he so sells, he sells subject to
any and all lawful cncumbranccs, and
can convey no better or higher interest
than the bankrupt could have DONE"
eff a secured creditor prove his claim
as unsecured, without apprising the
bankrupt court Of the existence of his
lien, he has been held to waive that
lien, relinquishing it to the assignee.
But in this case, under Form 21,' for
the proof of debt with security, the
plaintiffs, as thereby required, set forth
with particularly their mortgage the
property on which it bore, and the cs-
timated value of such property"
Plaintiffs did not abandon their
mortgage rights by participating in the
election of an assignee.
Plaintiffs mortgage recognized and
rendered exccutory. Judgment in their
favor for s., 7OG.3O, with s per cent. in
terest on $3,46s.23 from April 2G, 1861;
ON 81 ,s1s.s9 from July !, 1862, and on
$419.1s from. January 1, 1866; subject to
a credit of $G2l.41 October 1, 1866.
Bowman dccrecd to pay said debt and
costs, or deliver up the land; and that
he have judgment for Il like amount
against warrantor, w. G. Kennedy.
Justice Howell dissenting.
J. G. w. Lewis VS.. Dinkgravc, Shift
ct al.-"From the evidence in the re-
cord we are satisfied that the sale from
Tatum to the plaintiff was moro sim
| ulation. 1t is therefore ordered that
the Judgment be affirmed with costs.''
| Alex Pope VS.. J. b. Foster, Mrs.
Foster, Intcrvenor.-This is Il suit to
enforce vendors lien on land conveyed,
a part to the husband, and the remain
der to the wife. Judgment was rem
dered excepting the wifc's portion from
the lien. Held. that the lien was bind
ing on the wifc's share, unless she had
shown Automatically that she had pur-
chased the same with cher parapher-
nal funds under her separate adminis-
tratiOn.' Demand of intcrvcnor rcjcc-
ted, and lien enforced on all the land.
with costs.
Mobley Il Hamilton vs. Tucker K
acknowledgement reduced to S:o5l
~; appellee to pay costs.
NILS. ". a. AOpley, IutilN anu AL
ministratriX VS.. Mrs. D. Din1grnve.-
Held, that the decisions of the Com
missioner of the Land office and the
issuance of patents thcrcrndcr are not
res .jut7icc,fu. Cause Tcnlandcd for fur
ther proceedings.
| G.. w. e. Irrelevant W.. J. ID. Holly.
Cause rcmandcd for 4 new trial; ap-
pellee to pay costs.
State rs John Thon1pson.-Jud
affirmed.
state vs.. Simon rhclps.-sWc are
constrained to think that the words
! with malice afcrcthought,, WHOM used
in connection with, and III addition to
the word murder are not only one of
those unnecessary proliAitics whose
use is dispensed with by the Statute of
1905 CIR. s., 1870, Sec. but one of
those tautologics which arc no lnCrc
requisite in an indictment than they
arc p;,rdonablc III Il literary essay"
Judgment affirmed.