The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1879-07-05
succession is not confined I" the pre-

succession IL NOT cOnUntu y" t"c pro
ce.ds If the property subject tn its
tax liens, but may DC exercised
against any funds not affected by a
privilege superior to its own.
NJ privilege for taxes due, but not
recorded, at the date IF the sale Of
the property upon which they are AS"
sessed, can affect the purchaser OF the
property.
The city has no claim against the
owner "f property who has paid the
taxes due thereon to the sheriff. in
satisfaction Of writs issued tor their
collection, though that officer have
not accounted tor the sums 80 paid
him.
The action against the sheriff and
his sareties for the recovery vi money
received by the former in his official
capacity, and not accounted fog, as
personal action, which is barred BY
the prescription Of ten years sa'd not
hy the two years prescri ption .provi-l
drd for in Ct ctions 1916 and 1916 Of
the Revised Statutes.
The suretles Of sheriff are liable
for the value of property which, be.
ing 10 the sheritf's custody under a
writ Of attachment. he delivers to
claimant without an order Of court
authorizing such delivery.
The sheriff not being authorized by
law to receive in cash the value Of the
property seized by him under attach
ment, is alone personally liable to
the party who makes such cash de.
post. aud his sureties caunot Oe held
liable upon his failure to return it to
the depositor.
NO. 735l-MRs. MARY b. BOsLEY vs..
d. II. HAYES Eft AL.
By Spencer, J.-Whcn the answers of
defendants in hypothecary action adj
NIT possession and refer specially to
their titles, any defect or want Of des-
cription of the property claimed in the
petition is thereby cured or supplied,
and defendants cannot object TO plain
tifi-s evidence for inSutficiency and
vagneness Of his allegations.
Probate sales divest only the mOrtga-
ges imposed by the deceased, not those
affecting the property when he acquired.
Conventional partitions do not have
the effect Of divcsting mortgages upon
undivided interests IN property, and at
tacLing them t" mOrtgagOr's lot: judi
cial partitions alone have that effect
The right Of requiring previous dis
cussion of other proper y subject to the
same mortgage, but subsequently, sold,
does not exist as against special mort.
gate.
There being no privity between a
mortgage creditor and third possessOrs,
remuneration made BY the former of his
special mortgage in favor Of subsequent
purchasers OF portions Of the property,
dc not estop or prevent him from en-
forcing his mortgage, for the whole debt,
against the portions of the property in
the hands Of parties who were purctas-
ers prior in date to those in whose favor
the renunciati0us were male.
NO. 7192-FEDD. NJ. GOODRICH vs.. LOGAN
HUNTON.
BY Spencer, ia bankrupt's discharge
is a good defense if pleaded and proved
before Judgment. II is no ground to
annnl a Judgment upon.
When person is sued as resident of
the parish where the suit is brought, and
is personally served with citation there
in, u jndg ment regularly confirmed on
default against him will I've res adjudcata
against plea that he resided esew here.
When one of the parties to suit dies
pendi"g an appeal, and his administra.
ton is made q party by order Of this
court, no further order to that effect il
required upon the case being remanded
for new trial in the lower court.
NO. 7a@-Cl1Y OF NEW ORLEANS vs..
K'CANN AND SHAKESPEARE, SMITH 4 co.
By White J-Act No. & of 1873, which
exempts from the payments of license
taxes persons engaged in business a.
manufacturers, If applicable to the city
Of New Orleans is not so as to license
levied prior to it's passage.
NO. 28Oo-FLETCHER L CO. vs.. SHELBY
BY White, J.-When goods have been
, shipped under a contract between the
. shipper aud cOnsignee, aud while they
are yet in transit the latter notifies the
, former that it is bis intention not to re.
ceive them, or to make the payment as
agreed in the contract, the shipper il
justified in resnming possession Of tit
goods and selling them, aud such re
} sumption will not, 10 the absence Of an
ezpress agreement, disch 'rge the con-
. signee from liability for such damages
as bis action may have caused.
In such cate the damages to he
awarded will lie the difference between
the price stipulated in the contract and
. the market value Of goods, if there hat
! been decline at the time the consieneet
: refused to receive them.
, no. 67Oo-cHArFE / SONS vs.. nEYXER
FRANK / CO., lNTERvENOlss.
y ny Whte, J.-When gOOOS are con
t signed to A for account of B, their ship
/. ment will Ike considered q delivery to
. and they cannot, therefore, be attached
, in the hands of the carrier BY A for .
debt due him by the consignor.
j No. 746l-sr. CHARLES STREET RAILROAD
COMPANY vs.. BOARD OF ASSESSORS.
Ry Wkite, J.-When in making On a.
sessment Of tho capital stock Of q corpo
ration under act No. 9 Of the extra ses
sion Of 1878, it appears that tho asaess
J" ora took the stock at its par value,
:. being above par in the market, and de
Il Quoted from it the property otherwis
It assessed, the assessment is valid.
u Any change or Transportation" made I,
a tho assessment rolls after they are close
4 by ume Of the assessors. without tho al
- = thority of the board, is = perfect NULL
20 ty.
IF the hahv erica nrnn Il M with nj