The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1874-08-07

the Clerk authorized the retrocessiOn,
and proceedings were in due form and
honologated; held, that the interest of
the minors was legally Invested.
Succession of f. Hart; opposition Of
Public Administrator. Five per cent
commissions on the appraised value of
this estate is extravagant. The admin
istration was nearly complete, ut a cost
of % per cent, under previous admins
trations. Public administrators were
not created to be spectators OF success
sions. Judgment for 1880.
Rentz ct al. vs.. Cole. Judgment
affirmed.
N. b. Adams vs.. b. II. Dinkgrave,
revenue acts of the State Of 1871 and
1878, on the points pleaded.
The Court says that an implied inhi-
bition exists against the exemption Of
property from taxation not "actually
used" for school, church or charitable
purposes; but the omission Of the legis-
lature to tax such property, or its ex-
EN- ption, does not invalidatc the levy
ing of taxes upon other property. Such
exempted property is liable and may
be assessed, if the exemption is contra
| ny to the Constitution.
rNOrE.-This decision seems to us,
as we have often commended, to author
ize the assessment Of exempt railroad
property in this State.-ED. TELL
ssSection of Act II of Acts 1878, pro-
hibiting delinquent Taxpayer from
bringing a suit, or being witness, is
violative of Art. III Of the Constitu-
ton and void, the object not being ex-
pressed in the title OF the law"
Judgment annulled, and injunction
dissolved. The land being forfeited to
the State, the 100 per cent damages
asked for is not allowed.
Mollie r. Livingston VS.. D. G. Nor
gan. Defendant required to transfer
the title to the land in controversy to
plaintiff ON rendering to him his note
with amount paid thereon, or the
whole price if defendant has paid the
note; and defendant to have judgment
for professional services for $685. rs,
and for 500 in gold.
j. r.. 1Iargrove VS.. Flournoy, sheriff
ct nj. Plaintiff borrowed money of one
of the defendants, purchased resi-
dence, and mortgaged the same to
secure the payment OF his note. He
enjoined execution Of the mortgage,
pleading the benefit Of the homestead
act. Held, that this act was intended
for farmers, and not, as commended, for
those having merely house and lot
occupied by them. Judgment affirmed
with 10 per cent general damages.
Stafford, tutor, vs.. Pearson a. Will
lian1s. Tobacco, whisky, cards, per-
fumery, &c, are not necessary supplies.
Judgment reduced by $a7e.ss, plaintiff
to pay costs of appeal.
Heirs of nj. w. Ashley vs. a. Riser
ct nj. Plaintiffs all being OF age or
emancipatet1 when their attorney issued
ii J;s and collected the money, and not
having disavowed his authority to
represent them, are estoppcd from deny
ing the validity of the Judgment, which
is affirmed.
| J. w. Wilson, Admir-, VS.. !. A. Chal.
lron ct al. Motion to dissolve the
attachment sustained.
Mrs. Gilbert and husband W. Wallace
& Co., and I.i,idell, sheriff. Judgment
affirmed.
Chafte, Shea & Loye VS.. G. i. Ahcr.
combic. Judgment confirmed.
ID. G. Morgan, admir-, vs. Mary r,
Gibson, adm'N. Judgment affirmed.
| JUSTICE MORGAN.
Hoss X Elder, administrators, VS.. G
J.Joues. The defendant having agreed
to II Judgment rendered and signed in
chambers is bound by it. An admin
istrator, without being authorized, can
not novate Il debt due Il succession un-
der his charge nor can he, under any
circumstances, take Il draft in payment
of rent, payable ut the end of the lease,
and thus give up the privilege on the
growing crops. Privilege enforced, and
Judgment affirmed, in three cases.
S. Hcrold VS.. ]. Wright ct ais. This