The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-05-16
thereby affected. A sale by the sheriff

Cn0r0Dy aH0CL0u.s a SOLO W Ino oACLAA
| under a Judgment for the drainage as
sessment does not, therefore, effect or
give q right to the cancellation OF the
privileges and mortgages in favor OF the
city and State for taxes due them on the
property sold.-Judgment affirmed.
No. AGO. Richard England vs.. J. Slut
| Neal and j. q. SinnOtt, appellants.
| Appeal from Fourth District Court, par
| ish Of Orleans. Parol testimony is not
admissible to prove, under the allega-
ton that promissory note enured to
the benefit Of third person, that he
guaranteed the payment thereof
No. 1890. Daniel and JAS. ID. Edwards
VS.. +. Marin, appellant. Appeal from
Fifth District Court, parish Of Orleans.
Prior to the passage Of act No. GA OF
1876 a suit by sequestration could be
brought only in the court OF the defend
ants domicile, and not in that within
the jurisdiction of which the property
seuuestered was situated. Judgment
reversed
No. 4SO3. Leberman & Co., appellants,
VS.. Smith IL McKenna. Appeal from
Fourth District Court, parish OF Or
acknowledgement affirmed.
No. 1922 Consolidated Association OF
the Planters Of Louisiana, appellant,
vs.. J. Numa Avegno. Appeal from Su-
perior District Court, parish OF Orleans
Plaintiff seeks to recover certain bonds
stolen from it, and the loss OF which
was advertised. The bonds were pay
able to bearer, and having been ac-
quired before maturity and for value by
defendants, the latter are unaffected by
the want of title in their vendor.-Judg-
ment affirmed Justice Howell disSents
No. GIG. Julia ID. Kelley ahd hus-
To- IAn H.
lants. Appeal from District Court,
parish of Concordia. Plaintiffs attached,
as being the property Of John Davis,
certain lots of ground in Vidalia, which
they allege were fraudulently trans
ferred by him to his wife. The latter
claims that they were acquired from her
husband in part satisfaction Of a judg-
ment against him in her favor. Attho
time of this transfer, which was effected
in Mississippi where the parties reside,
Davis was indebted to plaintiff, and by
the laws Of that State ANY deed from
the husband to the wife for her use
shall be void as against creditors who
were such at the time Of executing the
deed" Besides, the creditors have the
right to require the wife to prove the
validity Of her judgment; this she has
not Judgment affirmed
BY JUSTICE TABlAFERRO,
No. 3o4G. Succession Of VIM Hacken-
schmidt. Appeal from Second District
Court, parish Of Orleans. Appeal dis
No. 62o9 W. c. Hardwick, appellant,
vs.. NJ. J. Shelby. Appeal from Fifth
District Court, parish OF Orleans.
ton to dismiss oyerruled.
No. 1884 Michael Reilly, appellant,
VS.. Succession of Christopher Reilly.
Appeal from Second District Court,
parish Of Orleans. The incapacity Of
the wife to testify for or against the hus
band ceases with his death, and she is
competent witness for or against his
succession. Judgment affirmed.
No. 6o51 Chas. Maduell, executor,
etc, ct ais, appellants, VS.. T. II. Nous
seaux ct ais. Appeal from Fifth District
Court, parish Of Orleans. Where, by
garnishee's answers to other interroga-
tories in the same connection, a given
interrogatory not fully answered by the
answer to that particular one is explicit
lv answered, it is sufficient, and the in
terrogatories should not be taken pro
contests. Judgment affirmed.
No. 6l2t. State Of Louisiana, ex rel.
Charles Prayer, appellant, VS.. Recorder
OF Mortgages and Samuel Johnston.
Appeal from Superior District Court,
parish or Orleans. The builders privi-
lege, though not recorded on the day on
which the contract was entered into,
has priority over a mortgage recorded
after the recordation Of the privilege
Judgment amended, directing the Re
corder to erase the inscription of that
part Of Johnston's claim recorded on
the same day as REALTORS mortgage.
No. $500. Succession of John NJ
Smith. On opposition to administra-
tors account. Appeal from the Second
District Court, parish of Orleans. -Judg
ment amended, recognizing the minors
Julia, Mary and Lizzie Smith as the
sole heirs of deceased and entitled to
the residuum Of his estate.
rel. Mrs, +. T.. Meux vs. the Judge Of
the Fourth District Court for the parish
OF Orleans. Writs of mandamus and
prohibition discharged.
No. 1928. State eX rel. John &. Mon
cure, appellant, VS.. Antoine Dubuclet.--
Judgment affirmed. Justices WHY and
Morgan dissent.
BY JUSTICE wYLY.
No. 5574. Philip Landry. adninistra-
tor, vs. Jules Blancand, administrator,
appellant. Appeal from Parish Court,
parish Of Assumption. Judgment at
Iirmed.
No. 1898. Charles Il. Railey, appel
liant, VS. Pinckard; Steele Il Go. Appeal
from Sixth District Court, parish Of
Orleans. Judgment affirmed.
No. 1886. Willis II. Hogan VS.. Missis-
sippi Valley Bank, appellant. Appeal
from Fifth District Court, parish OF
Orleans. -Judgment reversed
No. 6112 A. r. Porche, appellant, VS..
Mrs. Emma Bodin ct ais. Appeal from
District Court, parish Of Ierrebonne.
The sale Of property under foreclosure
of a mortgage granted by an act con-
tanning the non alienation clause, does
not transfer to the purchasers the crop
matured aud ready to be gathered,
raised on the premises by the occupant
under recorded lease.-Judgment re-
versed, and case rcmanded, to ascertain
value of products taken by defendants.
Justice Morgan dissents.
No. 1887. Thomas J. Semmes VS.. Edw.
W. Burbank, appellant. Appeal from
Eo,,rth Dictrict Court parish OF Or