St. Landry democrat. (Opelousas, La.) 1878-1894, 1881-07-16

LOT It's lnventoried value of $1O5555 OF the
h, , OF property valued at $4,000 brought
p ns Ia, nl,n INTO the community, were animals
from the $1,000 The Judgment of the lower
to Is therefore amended by striking out of
me me credit of s1O55.55 for cotton by reducing
me me $1,000 by 1854. leaving sl746 as credit for
we we separate property OF Clark brought into
Ihe community; and increasing his bond as
executor from $1,000 to $500; and in other res
pects Tile Judgment is affirmed
VIM. F. Anderson VS.. Cleophas Comeau.
Appeal from st. Landry. Thos. c. Anderson
leased certain imm0vable property in the town
OF washington, to VIM. F. Anderson one year
Tor sl2Ol; the latter sub-leased it to CleOphas
Comeau one year for $1400, the written con-
tract stating that this amount $1400, was paid
cash. Less than month after Comeau's lease,
Judgment creditors of Thos. c. Anderson had the
property seized by the Sheriff. w. F. Ander
son afterwards sued Comeau for the amount of
the lease, showing that it had not been paid
cash i'll advance as stated in the contract, and
obtained Judgment only for few dollars that
fell due before the seizure. the balance going
to the creditors. On appeal the Supreme Court
decide, that the contract of lease between w.
+. Anderson and COmeau not having been
recorded, was binding only on the parties to it,
and utterly null and void as regards third per-
sons that from the time of seizure the rents
should be paid into the hands of the sheriff for
the benefit of the seizing creditors; that the
lessee, from the time OF seizure, had the right
to abandon the lease, and claim restitution for
any money he had paid on account thereof;
that the possessor under an unrecOrded lease,
even though he may have paid in advance, is
vested with no rights against seizing creditors
as i'll this case, for instance, if COmeau had
paid the entire years rent in advance, he
would have been compelled to pay again to the
seizing creditors from the time of seizure.
Judgment affirmed
Gabriel A. Fournet ct al. VS.. Jacob VAN
wicl1e. Appeal from ST. Martin Appeal dis.
missed on account of informalities in the pro-
ceedings, without barring the right of appel
liant to bring the appeal up according to law.
c. G. Duson, curator, ct al. VS.. Lastie Dupre
ct al. Appeal from st. Landry. c. C. Duson,
as curator of the succession of Louis Blanc,
and f. f. PerrOdln as attorney OF absent heirs,
sue for a tract of land which they allege be-
longs to said succession. Defendants urge
that plaintiffs have right to prosecute the
suit, because DusOn, since the institution of
the suit. bought the interest of the heirs in
said land, without warranty, and that being
the sheriff of the parish, it was unlawful for
him to purchase it, the same being a litigiOus
right, under article 2.47 of the Civil Code,
which says: Public officers connected with
the courts OF Justice, such as judges, advocates
attorneys, clerks and sheritfs, cannot purchase
litiSous rights which fall under the jurisdiction
of the tribunal in which they exercise their
functions under penalty OF nullity, and of hav-
ing TO defray all costs, damages and interest"
The exception was maintained by the lower
court, and plaintiffs suit dismissed; from
which Judgment plaintiffs appeal. Judgment
affirmed, without prejudice to the rights OF the
heirs.
Joseph David VS.. Frederick G. Rode, The
Liverpool, London and Globe Insurance Com
pany's Garnishee. Appeal from st. Mary.
Plaintiff and appellee moves to dismiss the
| appeal, 1st, because the appellee is not given
in the order and citation OF appeal, the delay
to which the law entities him. I'd, because there
is no seal on the citation OF appeal. AS the
record does not show whether the citation of
| appeal was with or without the seal of court,
| this part of the motion is without force; and
| the case is continued, that the appellee may
| have the delay which was denied him in the
order and citation OF appeal.
John Z. King VS.. Ebert CAN'T ct al. Appeal
| from ST. Landry. Defendant bought property
| of plaintiff at tax sale and within two years
| after adjudication, plaintiff rendered to de-
| PENDANT the amount paid by him for the prop
erty, which tender defendant refused. Plain
tiff sues to annul the sale or adjudication. The
| lower court gave Judgment annulling the sale,
and defendant Appealed Judgment affirmed.
State ex rel Z. W. Nelson VS.. Police Jury OF
| the Parish OF st. Martin. Appeal from st.
| Martin. This case has been up appeal sew
| eral times already Relator obtained judg-
ment against the parish at time when there
| was a law and authorizing the judge to have d
tax collected to pay the Judgment; but the law
| having been repealed, the Judgment could not
| be satisfied that way. On the allegation that
the Judgment was OH contract and the repeal
| of said law could not impair the obligation OF
| Il contract, the evidence shows that by the
| terms of the original contract the relator was
to be paid out OF the proceeds Of the taxes of
1865, 1866, 1867 and 1861 and he is not therefore
entitled to be paid by special levy on the
taxable property of the parish Judgmen,
| reversed.
Thos. C. Anderson VS.. His Creditors, Appea
from ST. Landry The decision of the IOwel
court granting the Respite prayed for by
plaintiff, was appealed from by defendants ant
ON appeal the Judgment was affirmed.
Estate of William Otfutt, deceased Opposition
of ID. Lalanne and G. Comeau. The opposition
| is to a tableau of classification of debts. Co
meau opposed on the ground that his mortgage
debt though on the tableau, was not assigned
its proper rank; Lalanne opposed on the
ground that his claim was not placed on TIN
tableau at all both of them opposed the placin;
on the tableau Of an amount in favor OF tn
children of deceased, on account of the estate O
| their mother Eliza POSeY, i'll community will
deceased. The Judgment of the lower cour
gave COmeau's claim the rank prayed for
placed Lalanne's on the tableau. and rejected
absolutely on the ground of prescription, TIL
claims OF all the children, except Mary Edmoni
Offutt aud struck her claim from the tablea
ON the ground that there had been no settlement
of the estate of her mother in community wit
her father, ascertaining the residuary interes
of her mothers heirs, but reserving her right t
prosecute her claim by proper proceedings
Mary Edmonia Offutt alone appealed. Juds
ment affirmed.
BJ Sage, agent, VS.. W. s. Evins. Appes
from st. Landry. This case came up last yea
on appeal by plaintiff from Judgment rendere
on a Jury verdict, on the ground that verde
| pleadings, and was sent back for further pro
ceedings. 1t now comes up on appeal from
| Judgment rendered in favor OF defendant, an
the Judgment appealed from is amended so as
allow Sage fifteen hundred dollars, and Evr
seventeen hundred and nineteen dollars an
fifty-tive cents; andin other respects confirmed
, Estate of Charles Franc0is-Opposition
Major Heirs. Appeal from So Landry. La
rent Laccassagne administrator, filed all a.
count many items of which the heirs oppose,
) The lower court dismissed the opposition to a
t of them except one, that allowing the admin
5 TRAITOR a commission, on the ground that he ha
, aorend tn settle the estate without chargil
: any commission On appeal the decision OF til
i lower court was affirmed, except in regard
the administrators commission, the oppositio
, to which was dismissed as in case Of nOn-su
the courts can nOC act in the matter till I'll
!, administrator claims the commission. Obje
! | ton to the allows ice OF commission before
+ has been claimed, is premature.
= D. Hays admr, VS.. T. Viator. Appeal fro
: iberia John Hays, whose succession is plat
d tiff sold certain lands on a credit, reserviI
s special mortgage and vendors privilege and 9
forwards sued and Obtained Judgment for Il
, | price thereof. Execution was issued and tt
q | land seized and shortly afterwards the sher
. . and tax collector advertised the same land Fl
. sale for tares. The Judgment creditor enjoint
+ tailed informalities in the assessment, &c. b.
~ | on trial of the injunction, the lower court ii
q solved it, and plaintiff appealed, Judgment I
: versed, and the injunction perpetuated.
Il State OK rel. Lucien Gabriel VS.. the Judge
the 22d District Court of st: James Paris
The reiatDr, on an information for " an assarl
/. with intent to c0mmit rape,n was found 'guil
8. of an assault" and sentenced to n PC, /, ine
u uoira1s and to be imprisoned in =
l. parish Jail for term of six months. The q
n trict Judge refused him appeal 10 the S
/, preme Court, which he claimed on the groul
: that the crime he was prosecuted for, :. an q
r sanlt with intent to commit rape entitled hi
a to an appeal. He now comes before the s
IS preme Court with a petition for restraint
u order against the execution of the judgmen
8 and if such order cannot be granted, then
! rift pf m