St. Landry democrat., 1880-07-17

CACtptloHS, NcIC cSlTcsSly advanced as q
oms~cr. We're we to to consider them sac
we should, in strict pleading, end this litigatio
with Judgment for plaintiff as prayed fol
but, as we apprehend that the word was use
by lnadvcrtencc, and as it is possible til
defendant may have rights which ma
thereby be set at nouSht We make it our dut,
III furtherance Of the ends of Justice to dispos
or the case otherwise" Judgment OF lowe
court oVerruling plea of prescription affirmed
and III other respects reversed. The plea e
estoppel is Ovcrrulcd, and case rcmanded fo
further proceedings according to law, defend
ant to pay costs in both courts from the film!
OF the exceptions.
b. Derbcs ct al. VS.. d. Romero ct al. Appea
| from the Parish of Iberia.-In the wear 1s3
Antoine Bruno, agent of Miss Estelle Fontc
nettc, sold to j. B. Derbes ancestor of plain
tiffs, certain real estate which is now in the DOS
session ofthe defendants. Defendants ACQUIRED
the same property by sale from Alcibiadcs
DeBlanc, agent of same Miss Estelle Fontenette
III the years 1870 and 1871 Plaintiffs offered il
| evidence the act OF sale, which though passed in
1856, was not recorded till 1874. The acts OF
sale to defendants were all recorded in 1870 and
1871. The Unrccordcd sale of 1896, to Dcrbcs
was not binding on the defendants, who were
not parties to it and who could well ignore thc
| same as fully as if it had never been passed -
The defendants therefore acquire IL valid title.
The proper recording of their sales entitled
them to preference over the plaintiffs.
Judgment affirmed
State OF Louisiana VS.. Barney Williams. Ap-
peal from the Parish of Iberia.-Thc defendant
was indicted for murder, convicted of man
slaughter and sentenced to the penitentay for
three years. He appealed from the judgement
on account of certain irregularities in the trial.
Onc-that passed upon by the Supreme Court
was that the venire of jurors was illegally
drawn, because the Clerk of Court did not take
the oath required by law rs a member of the
jury commission. This oath was imperative
before the Clerk could be qualified as a iurv
commissioner. Indictment quashed verdict of
the jury set aside, and ordered that defendant
be detained i'll custody to await a new indict-
mcnt and trial.
Alexander Guilheau VS.. Julie Cofmicr, adlny
Appeal from the Parish OF Lafayette.-In an
other suit the defendant in this case obtaiuef, 4
Judgment agailistthe present plaintiff The judy-
Judge having recused himself. This judge I'D hoe
had not been practising law two years. the time
required to make alawycr competent to become
a District Judge The present plaintiff sued TO
annul the judgement Oh that ground, Judgment
was given III his favor and from it the present |
aeichdant has appealed The acts Of de tucto |
plicers are binding, when the power of appoint |
nS was not i'll violation of the constitution and
avs OF the State. The District Judge had the |
power to appoint judge 0d hoe in this case
md his error consisted in selecting one who did |
lot have at the qualifications prescribed by
aW But the acts of the appointee are not null.
Judgment reversed, at plaintiffs cost in both
ollrtS.
Mrs. Edmond Guidry VS.. Joseph T. Bro,ssard,
Appeal from the Parish of Lafayctte-This is a
ut to annul tax sale, on the grounds: that
here was no advertisement of the property in
he name of the plaintiff, the true owner, but if
Tas assessed ill the name of another; that there
'as not sufficient description of the property:
nat no demand for the payment of the taxes
as ever made, nor notice of seizure of the
roperty given; that there was no division of
le land into lots before it's sale. Defendants
hsWer denied the utilities alleged, and cx-
5pted TO PLAINTIFFS right of action because no
'hder had been made of the taxes and costs. !
herc was Judgment for defendant and plaintiff
1pcaled. Tile plaintiff was the continuous {
"her OF the property from 1855 to May. 1877. |
her this SUIT was instituted. She could not U
Invested OF 1t except by due process of law |
Ssessment is the basis of proceedings relating j
tax sales, and proper legal assessment is
sehtlal to their validity. In this case the
operty was not assessed in the name of the 4
Vner. Judgment reversed, and Judgment in a
vor OF plaintiff annulling the adjudication ia u
e State and the sale to the defendant reso,, ;
to defendant the right Of action to be re-
bursed any amount paid for faxes that d
lred to benefit of plaintiff defendant TO nav 4
SITS in both courts c
WIS. Caroline Burgess ct al. vs. NJ. T. Gordv. ~
erlf' ct al. Appeal from the Parish of ST ~
'ry-Lanahan, an agent, sold a plantation TO q,
ran, Tor part cash, and part on a credit re
rlan sold part of the plantation to Saunders -,
wife Jointly, for part cash and part on n -
out. Afterwards Torian sold the other mart =,
the plantation to A. Macs, R. Macs, and T.
burgess Tor part cash. and an assumption to
one OF Torian's notes to Lanahan, and the ~
ance on credit The sale from Lanalan to ~,
ran was with the pact de non a1ie,,tlo. and -
notes secured by special mortgage and -,
loors privilege Burgess, by dation en- aaie- n,
NJ conveyed his third bought from Toriau to -
wife, Mrs. Caroline Burgess, and she bought 80,
Macs Ihlru. Lallallan obtained an order of -,
snfe ana sale to satisfy one of the notes -.
ian had given him, the same the Macs and ~,
'gess had assumed to pay. The part of the w
d bought by Saunders was released from ~.
ure, and the execution OF the writ confined ~
lie land OF Macs and Burgess. who enioined ID
sale OF it. On trial, the injunction was ~.
olved. Plaintiff appealed. The main oues- ~
before the Court is whether only that ~
ION OF the property purchased by the Macs ,,,o
Burgess is bound for the payment OF the -
tsage note which they assumed to paw, or -
the whole property including that bought ~.
aunders should be bound for it. The aues- n,'
IS one OF divisibility of mortgage Defend 49,.
contend that it is indivisible, and all the :.
mai plantation should contribute to nav as
lote. But " the right of discussion which a ",o
possessor under certain circumstances is 1is,
led to, cannot be exercised in this case, -n;
ndant assumed to pay the note and I'M o,1,
TODD that Saunders land was not to he :.