St. Landry democrat. (Opelousas, La.) 1878-1894, 1881-07-23
Abstract of Supreme Court Decisions.

State OF Louisiana VS.. E. Hornsby. Appeal
from iberia. This case was before the Supreme
Court last year, on appeal from a sentence. to
imprisonment for life for murder and re-
manded for another trial. On the second trial
the defendant was convicted OF man-slaughter
The present appeal is on technical grounds, for
alleged informalities in the proceedings. The
sentence is five years Imprisonment at hard
labor Judgment affirmed.
Succession Of Melasie Hcbert Appeal from
Lafayette. The deceased left one child, an
Legitimate colored daughter, who had been
acknowledged by her mother. The collateral
relatives OF the deceased applied for the admin
istration of her estate; the application was
opposed by her daughter on the ground thar
she was the sole heir of her mother, and no
administration was necessary. The lower
court gave Judgment for the collateral relatives
Oh the ground, it seems, that at the time of the
birth or conception OF the daughter, her parents
could not legally marry, because her father
being negro could not marry a white woman
and therefore the daughter could not be legally
acknowledged by the mother as her natural
child so as to confer on her the legal right TO
inherit her property. But at the time of the
mothers death i'll 1879, there was no legal
impeachment to the inter-lnarrage OF whites
and negroes; and on this ground the Judgment
Oh appeal is reversed.
Jacob U. Payne VS.. Thos c. Anderson. An
peal from st. Landry. Plaintiff alleges that he
entrusted to defendant the collection of a
certain mortgage against Mrs. Amelia Gale
CHER, and that while holding this claim for
collection the defendant bought the mortgage
property at tax sale for his own benefit. He
sues to have the sale annulled. Judgment. of
the lower court for plaintiff Defendant during
progress OF the suit, alleged that part OF the
property had been sold to other parties previous
to the institution of the suit; on this ground
the Supreme Court rcvcrses the decision of the
lower court, and relnands the case for further
proceedings, that these third purchasers may
be cited to defend their rights. On application
by plaintiff for rehearing, it being shown to
the court that all the lands had not been sold
W lpfpn1Hnt Judgment
was so amended as to decree that all of said
lands remaining in defendants possession be
seized and sold to satisfy plaintiffs mortgage ;
and that i'll regard to the lands sold, the case be
| remanded for further proceedings, that tile
possessors, Qurk, Kavanagh, Prescott and
Wolf, might be cited to defend their rights, and
that the plaintiff might ascertain by legal
process if defendant had any further claim
against the lands sold. On an application for
rehearing by defendant, who stated that the
court hau failed to act on plea OF prescription
of ten years against plaintiffs mortgage and
that the record did not show it had been re-
inscribed, the court further amended their
Judgment by non:sultns plaintiff IN regard to
one mortgage claim, reserving the rights of all
| parties interested in regard to the other mort
| gage, tax sale, &c, and remanding the case for
| further proceedings. Note.-The Supreme Court
| affirmed the Judgment against Anderson solely
on the ground of the nullity IT the tax sale
which was annulled on account of improper
| assessment and advertisement. Therefore, by
| the decision, Anderson never had any legal
| title to the property; and if it turns out that
| Payne's mortgages are dead on accounted pres
| cription, the property will become Mrs. CALI
CHEERS again. Anderson having no title, OF
course could confer none on Messrs. kavanaSh
| Prescott, Quirk and Wolf
! M. A. Montejo VS.. Mnos T. Gordy, sheriff CT
al Appeal from ST. Mary. TO illustrate the
! principle decided in this case, certain party
| gave mortgage ON certain property, without
| embodying i'll the act OF mortgage the pact d.
non 0liendI,d0; afterwards the same property
was mortgaged to another party, and by
/ nod Il
the second mortgage, the plaintiff in the
present suit being one of the purchasers
| Subsequently the holder of the first mort gage
| by eGecutory process, sued out an order o
| seizure and sale, in order to have his mortgage
satisfied. The possessor of the property, VIII,
purchased at the sale to satisfy the scconG
| mortgage, enjOined the sale, and on trial of til,
injunction by the lower court, it was dissolved
| and the plaintiff appealed. The Supreme Gour
| in reversing the Judgment decide that thu
| holder of first mortgage, which did not contain
| the pact de non atielaadO, had no right t.
pursue the property after it had passed int
| process; but should have proceeded by hypo
| thecary action in the ordinary way. Rcmandet
for further proceedings. On rehearinS, it wa
decided that the pact de non aliena,ttto simpl.
| gave the first mortgage creditor the right t.
seize the property without regard to thir
possessors, as il it remained i'll the possession
of the debtor; and that the first mortgage in
porting confession of Judgment, as i'll thi
| case, gave the creditor the right to have tn
property seized and sold by eXecutory process
even when in the hands OF third persons. Jude
ment of lower court dissolVing the injunction
affirmed.
State of Louisiana ex rel. Joseph Hermandc
VS.. F. A. Monroe, Judge Civil District Court
Appeal from Orleans. The relator sued hi
wife for divorce in ST. Bernard parish, and hi
wife sued him for almony i'll Orleans. Fl
applies to the Supreme Court for a writ of pre-
hibition to restrain Judge Monroe from prt
ceeding further in the case. The writ is r.