The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-07
THE COURTS.
. SUPREME COURT.
Monday May s, 1870.
BY JUSTICE SPENCER.

Monday May s, 1879,
BY JUSTICE SPENCER.
No. G790. Warner Van Norden, appellant.
vs. Leeds Il Co. ct al.-Appeal from the Third
District Court, parish OF Orleans. On re-
hearing.
tional part OF q chose In action he cannot
prevent by Injunction, other creditors of the
holder and owner from Selling the part not
pledged.
Former decree set aside and Judgment Of
lower court affirmed, with reservation OF
plaintiffs rights to assert his claim by inter-
vention.
No. 747s. In the matter of the minor Peter
g., Riddle, appellant. On proceedings for
sale, etc.-;Appeal from the Second District
Court, parish of Orleans.
When property belonging to a minor has
been sold under an order OF q competent court
rendered in accordance with the recommended
lions Of q family meeting, bona tide pnr-
chaser Of the property sold will be protected
by the order OF sale, and the minor cannot be
permitted, on attaining his majority, to ques-
tion the regularity Of the organization of the
family meeting or the sufficiency Of the evil
dence upon which Its members and the court
acted.
Judgment affirmed.
No. 65O2 Joseph Jacob vs.. Robert L. Pres
ton, appellant; City Of New Orleans inter-
venor and appellant Appeal from the Sixth
Tax liens which should have been recorded,
but which were not recorded at the time a
third person acquires rights to Or upon the
property, cannot be enforced to his prejudice.
"A registry Of the delinquent roll at any
taxes as against persons whose rights to the
property were acquired prior to the IMPOSE
ton of the delinquent tax. The fact that no
law was passed until 1872 to provide a special
mode for the registry of tax liens In favor of
| al nnf wit ha mo- itxy
Of recording such liens for taxes due prior to
that year. They should have been registered
in accordance with the general laws then In
force on the subject.
No 7191. jefferson and Lake Pontchartrain
Railway Company, appellant, VS. The City Of
New Orleans.-Appeal from the Sixth District
Court, parish Of Orleans.
Under act No. 165 Of 1853 the Boards Of
Drainage Commissioners were authorized to
dig canals through private as well as public
lands
When the owner Of property required
for public use permits, without resistance or
resort to legal remedies, its occupancy and
thereon, he cannot thereafter demand and re-
ouire their demolition, and enjoin their use,
upon the ground that previous compensation
had not been made.
erty appropriated for the constructor Of puo-
lie works does not partake Of the nature Of a
petitory action; 1t Is claim for damages and,
therefore, barred by the prescription Of two
years under article 2630 of the Civil Code.
Judgment affirmed
No. 7451. Widow George Burthe tutrix,
etc, appellant, VS.. Arthur Denis, dative ex
ecutor ct al.-Appealfrom the Second District
parish OF Orleans.
The rule laid down In article IT'S, R. G:
O., makes nc distinction between latent and
patent antiquities In a will, but authorizes
q court to resort to all circumstances which
may throw light upon the matter, as well
when there Is ambiguity or obscurity as to the
4uantum or portion OF legatee, as when
there Is @ doubt as to the sense Ia which words
are used by the testator.
In case OF doubt that Interpretation should
be preferred which will approximate closest
to the legal order OF distribution.
The testatrfx In the present case declared:
Il institute for my universal legatees con-
jointly, the children Of my four deceased
brothers, and in their default their descend
ants, by equal portion, In each branch" The
court holds that the fact that the testatrfx
specified the number Of her brothers instead
OF the number Of their children indicated
her intention to make that number the domi-
nant factor in the distribution. and that the
words leach branch" In the will must be con-
strued as referring to her brothers and not
to their children.
Letters written by the testatrix were adj
missible In evidence to show the construction
which she had herself placed upon the term
"branch'
Judgment affirmed. z.@=
BY JUSTICE WHITE.
No. 6733. State Of Louisiana eX rel. Isidore
Newman VS.. r. M. Lusher, Superintendent of
Public Education, appellant.-Appeal from
the Sixth District Court parish OF Orleans.
Treasures Of school boards have no author
ity to borrow money and pledge by anticipa-
ton the school funds to secure the loan.
School vouchers are not negotiable.
Judgment reversed.
Justice Spencer delivered dissenting
opinion.
No 74O6. Govy Hood VS.. FL. Frellsen ct al,
appellants. from the District Court,
parish Of East Carroll.
A person has no standing in court to re-
cover, after his discharge in bankruptcy,
assets which he alleges had been put by him
in defendants hands prior to the bankruptcy
proceedings, and which were not included In
his schedule In bankruptcy.
Judgment reversed and Injunction dis
solved with $1,000 damages.
No. 6906. City of New Orleans VS.. M. Her.
mann, appelIant.-Appeal from the First J u.s.
tees Court, parish OF Orleans.
Section 1914 Revised Statutes, prohibiting
municipal corporations from levying any tax
on persons engaged in selling articles Of their
own manufacture within the State, Is repealed,
at least qu0dd Its application to city licenses,
by section 16 of act No. 70 Of 1872
Judgment affirmed. .mz.-=.
UNITED STATES CIRCUIT COURT.