St. Landry democrat., 1882-07-22
Supreme Court Decisions.

Succession of Azenor Lessassier-op-
nositiOns OF widow Victoria Gonor and
IIarie Josephine Lessassier. Appeal
from St. Landry. At his death Azenor
Lessassier lett a widow, Victoria Con
or, and child by previous marriage,
Marie Josephine Lessassier. The con-
test is between these two parties. The
child had mortgage against her faith
er's succession on account OF parapher-
nal funds received from her mother
and the surviving widow being le.a. in
necessitOus circumstances claims from
the succession, under the homestead
law Of 1852, one thousand dollars. It was
decided by the lower court, and affirmed
Of the minor child has preference over
the WIDOWS claim. Syllabus The
rights of the minors or of the widow of
a deceased, claiming under the pro-
visions OF the homestead law of 1852,
must be tested under their condition or
situation as existing at the date of the
death of the deceased and not at the
date Of the settlement of the
succession. If the widow, or any one
of the minors, even though the latter be
not the issue OF the widow, possess in
his or her own right ST. }, nothing can
he allowed under the homestead law.
Estate of Thomas B. Cheney ex rel.
VIM. and Isabella Cheney VS.. Sarah A.
Foreman, Administrative OF estate of
r. A. Newell. Appeal from St. Lam
dry. Newell was administrator OF the
estate of Cheney, and died without
tipally settling it. The tableau filed by
his widow, administrator of his estate,
was opposed by the heirs of Cheney,
and the opposition was sustained by the
lower court. The Supreme Court
amended the JUDGMENT by reducing
the amount, and athrmed the judgment
in all other respects.
Amelia E. Gallegar VS.. Jacob U.
Payne ct al. Appeal from St. Landry.
The defendant obtained a Judgment
against plaintiff on a conventional
mortgage and when he proceeded to
have his Judgment executed he was res
trained by injunction Oh the ground that
the property seized was homestead
and the plaintiff in injunction suit had
"persons dependent Oh her for support"
These "persons"were twominors, put not
the children nor related to the plaintiff.
On appeal the Supreme Court reversed
tile Judgment, because these depend
claim to plaintiffs protection. Justice
Todd, in a dissenting opinion sustained
the Judgment of the lower court.
Michel Sallabat & Wife VS.. John B.
Marsh. Appeal from st. Mary. Judg-
ment reversed.
State Of Louisiana VS.. Jacob Parker
Larceny. Appeal from Concordia
The defendant was convicted in the
lower court. The appeal was Oh tech
nical grounds. Judgment affirmed.
State of Louisiana VS.. Charles B.
Stewart. Murder. Appeal from Rap
ides. Verdict of the jury, convictine
defendant, set aside, and case remandeu
for further proceedings. Syllabus
Section of Act No. of 1877, does not
repeal or conflict with section 992 of the
Revised Statutes, requiring in certain
criminal cases the service on accused OF
the list Of the jury which are to pass on
his trial two entire days before his trial
The list of jurors ordered to be drawn
erection vested by act a, section 7, must
with section 992 Revised Statutes. In
| preliminary examination the &C
| cused has the right of having the testi-
mony OF witnesses in his behalf taken
down in writing, certified and pre-
served, and the testimony OF a witness
thus taken will be admitted in evidence
at the jury trial. if the witness is shown
| to be absent, a nonresident OF the
| State, and not obtainable without any
fault of the accused.
J.Gray Thomas ct al, ap1ellees, VS.
J. Little Smith ct al, appellants. Ap.
peal from St. Landry. This is a suit
! for partition and involves onlu
questions of fact. Judgment affirmed
State of Louisiana VS.. Walter John
son. Murder. Appeal from Natchi,
| rocles. Defendant was convicted OF
murder, without capital punishmen in
| the lower court, ana sentenced to i'm
prisonment for life in the penitentiary
As no one conducted the appeal before
the Supreme Court, the case was con-
tinued indefinitely.
Ludger Lemelle ct al. VS.. James NJ
THOMPSON ex rel.'J. J. Beauchamp, test
exr., and Willard and wife. Appeal
from st. Landry. Judgment affirmed
The law in the case is contained in the
syllabus: Where property has been
sold under an hypothecary proceeding
against third possessor, the party pro
curing the sale is not entitled to claim
the proceeds in preference to the mort
gage creditors of such third possessor
BY denying his ownership thereof
when in the petition for it's sale his
title is acknowledged; and if the mort
gage of the Selling creditor has per-
empted, the opposing creditors OF the
third possessor are entitled to the pro-
ceeds. An inscription of minors
mortgage preserves the mortgage Dur
ing the tutorship, though it should con
tinue for more than ten years but ii
not reinscribed in ten years after its ter
mination, the mortgage will perempt
Nor does it matter il the mortgage is
evidenced by judgement recognizing
it and fixing its amount.
Louis Delcambre VS.. Charles Clere
Anneal from Iberia. The nlaIntiff was