New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-30
HE WEEKLY REPUBLICAN

A0U60N oQv0fG10om0aL0 lQ1oEbe0 lOI ON
Mharal csnnisaidn allowed to those who sen
DalAs = Ave- o. more. -
THE COURTs.
Un16ea stases District Court-In Bank
In the matter Of Gretzner, Winehill
Co, assignee ordered to pay to the executo
Of Jacob L. and Samuel Florence $1777 Y
rent for premises No. II Magazine street.
n the matter Of George W. Siser, the rs
Signee ordered to sell the bankrupt's prop
aTEy CONSISTING Of real estate, and he is au
4hoEiaed t0ooncel ali liens, mortgages ant
03Aer disturbances.
Davis, Of the firm Of Davis & jackson, il
ordered to make out q schedule Of assets il
his name, and also list Of the creditors Of
the estate belonging to the firm. Until THU
GgI10R IL fulfilled there can be no meeting Of
creditors. -
Ths cities Of Baltimore and New Orleans
receiver patents for certain lands in the
0reonsburg district, and these cities, II
their suits against the United States, re
Oeiv0d from the government location certifi
Gates to the amount Of l04, LAG acres, located
q any lands Of the United States subject to
private entry under act Of twenty-second Of
Jane, 1850.
The alleged grants of $4,000 and 10000
1tpe08 70 Ald1huOer DeClOuet, are 0ecreou
invalid, and upon the said grants there is
Judgment in favor Of the United States.
Un1sed states District Csurt-In Admi-
b. r. Briggs VI. steam tug Reliance
Judgment in favor Of claimants with costs.
j. R. Bannamore VI. steamer Pioneer
Release bond fixed at 5000.
J.. b. Cooper ct. ais vs.. steamer Ida
Paroles interested to show cause on the
second Why the funds as per report of COM
missioner, be not distributed in accordance
fherewith.
Fourth District Court.
Judge Theard has decided the following
cause: DIR. Marmillion vs.. E. R. Archinard,
w. r. Goldthwaite, Merchants Mutual In
surance Company, c. j. Nicholson and
Crescent Mutual Insurance Company, in
terven0rs-On the twenty seventh of Sep
tember, 1866, Miss Eliza Evans sold to E.
r Arshinard q certain lot of ground, with
the buildings thereon, situated on Bienville
street, between Burgundy and Rampant
streets. in this city, for the sum of $4,000,
cnorthird Of which was paid cash, and for
the balance the purchaser gave his two
Notes for $3333 80 each, payable at one and
fWo years after. date. The first of these
notes being unpaid, the plaintiff. Dr. Mar
milliOn, who is the holder thereof, has OBJ
tanned in this case an order of seizure and
sale, and has caused the property to be sold
to eatssfy his claims.
But his right to the proceeds Of the sale is
opposed by-First, w. F. Goldthwaite, who
i the holder of the second note, and who
claims to be paid concurrently; second, the
3erchants' Mutual Insurance Company,
whe are the holders Of two notes, one for
mortgage on said property, granted on the
tWentieth Of November, 1865; third, c. j.
Nicholson, who is the holder Of q note for
3N73 ~, given in part payment for the
erectiOnsOf new building on the aforesaid
property; fourth, the Crescent Mutual Insur-
ance Company, who are also the holders of
two other notes for the sum of 1918 ~
each, given also for the new building erect
cd on said property.
The building which was on the property
sold BY Miss Evans in 1866, was, it appears,
m old house, which was torn down in Au-
gnst or September, 1868, by Archinard, who
contracted with Sam Jamison for the erec-
ton of . splendid two-story house, which
Was begun at that time, and not completed
until about . year after.
In order to decide upon the rights of the
various parties befdre the court as to the
proceeds Of the sale of the aforesaid prop
erty, il must be ascertained how they stood
a the twenty-seventh Of September, 1869.
when Jamison caused his privilege to be re-
corded; Or, Il that privilege had no validity
in law, then Of the fifteenth Of March, 1870,
when Archinard granted mortgage to
Jamison, they stood as follows:
Marmillion and Goldthwaite, recorded on
the twenty-seyenth of September, 1866, with
privilege Of vendor. 2. Mortgage securing
the notes held by the Merchants Mutual
Insurance Company, recorded on the
twenty-f Of November, 1868. 8. Priv
ilege of Jamison, recorded on the twenty
seventh Of September, 1869, and the subse.
quent mortgage granted on the fifteenth OF
March, 1870, by Archinard to Jamison, duly
recorded, and to whom Nicholson and the
Crescent Insurance Company are subro-
gated.
Now, why should not these parties be
paid according to the date Of the reg istry
Of their respective claimsl
Because, say Nicholson and the Crescent
Insurance Company, when the vendor of
lands finds himself opposed by workmen
seeking payment for q house or other work
erected on the land, q separate appraise-
ment is made of the ground and of the
houee, the vendor is paid to the amount of
the appraisement on the land, and the other
to the amount of the appraisement of the |
building" Civil Code, 1895. rays, 1851
There is no doubt that the Jaw is very
plain on this subject. The architect has a
privilege TOT the pay Luent OF DIS LABOR on
the building which he has constructed
Civil Code, 2743. rays, 2772) But no
agreement or undertaking for work exceed
inc five hundred dollars, which has not
been reduced to1swriting, and registered
with the recorder Of mortgages, shall enjoy
the privilege SO granted. Civil Code, 2746,
3239 rays, 2775, 1912.
And, in order to enjoy that privilege,
when the contract is in writing, and when |
registered, the recording thereof must |
have taken place within six days Of its
date, according to the provisions OF ar
ticle 32l0 Of the Civil Code, and on the |
very day that the contract was entered
Jamison has not thought proper to re-
luce his contract to writing. He has con- |
t1nted himself with recording his affidavit |
after the construction Of the building had I
been completed, in September, 1869
thereby be has lost the superiority of