The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1888-06-23
SUPREME COURT DECISIONS.
Monroe, La, juno Term, 1888.

Monroe, La, juno Term, 1888.
CHIEF JUSTICE BER1IUDEz.
John Chaffe & Sons vs. Mrs. Mary
F. Whittield.-Appeal from Richland.
ga note secured by mortgage, issued
by planter to the order of his mer-
chant, to make good all advances for
the working of a plantation, although
received as collateral security may
be sued on, directly by the latter, for
the exact amount OF the advances, as
Pledge could do. In the absence OF
proof of want Of consideration and in
the presence of evidence showing that
the advances have been made, pay
ment of the note may be enforced by
thu seizure and sale OF the morigaged
property"
Judgment affirmed.
g. A. Singer vs. ]. e. Mcclure,
Sheriff, ct. al.-Appeal from Ouachita.
"The Supreme Court has no juris-
diction over controversy in which
the matter in dispute is the nullity or
validity of judgment rendered for
less than the lower limit Of its appel
late jurisdiction. An appellee who has
represented TO this court that case
was not within its Jurisdiction and
the court has acted on that representa-
lion by dismissing the appeal; who
subsequently acquiesces in this judg-
ment and voluntarily permits, without
any objection, the Circuit Court to
hear and determine the same case !;
who afterwards applies for prohibit
ton 10 this court TO arrest the execu-
ton OF the judgment Of the latter court,
but is denied the same and who sues
to annul the judgment, surely cannot
be heard any longer to set up want OF
Jurisdiction ratione m0teriG in the
court rendering the judg1nent."
Judgment affirmed.
John M. Lockhart VS.. Frank Mercy.
Appeal from Madison.
ga vendor, selling the plantation
securing his claim, hos right to make
the advances necessary for the works
ing of the place while in the sheriff's
custody and to overseer 1t with the
sheriff's consent. In both cases, he Is
entitled to recover the amount of the
advances shown to have been made
aud 10 receive payment for his SER
vices. An account annexed to a petit
ton sfur reference, stands as an ampit-
iication OF the petition and justities the
admission Of proof in support of the
items figuring upon it,"
Judgment affirmed.
JUSTICE TODD.
Slate VIZ. Martin Grayson-Appcal
from Caicasieu.-Appeal dismissed.
State vs.. John Cloud, alias Clarke
Appeal from Cslcasieu.
can appeal rnade returnable Oh the
suggestion Of the appellant, at AL i'm
proper place and at an improper time,
will be dismissed"
Appeal dismissed.
Succession Of l.. NJ. Osborn, oppo-
sltion to acknowledgement from Qua
chita.
"Advances clearly proved to have
been diverted to other than plantation
purposes cannot bc allowed II privi-
lege. For services rendered by coun-
sci in the settlement of a succession
in which there is little or no litigation,
the assets realizing some $4,000, an al
lowance Of $500 is ample and will not
be increased. A vendor of real estate
is entitled TO n privilege for the pay
ment of the unpaid price, which exists
until it has been reiiuquished, or the
debt satisfied. The abandonment need
not be in absolute terms. 1t is enough
If it can be inferred from the acts of
the parties, that the vendor intended
TO waive his rank in favor Of another,
and subordinate his claim, in order to
secure payment of the latter, by pre-
ference over himself. What surplus,
il any, remains thereafter accrucs to
the vendor"
Judgment affirmed.
JUSTICE WATKINS.
s. Meyer W.. John n. Ludelipg-
Appeal from Ouachita.
ga submission to arbitration Of the
matters embraced in subsequent liti-
CATION, and n suit in atfirmance of the
award, praying that it be made cXecu-
tory, constitute n legal interruption OF
prescription"
Judgment in favor of plaintiff af
firmed.
l.. ID. Spears W.. His Creditors j
r.. Fuller Il Co., pponents.-APPea
from Claiborne.
"Any creditor may oppose the aP
pointmeut of d syndic, or charge fraud
against the insoIvcnt debtor, by means
of an opposition laid before the court
within ten days next following Tho
n, aetiuy of eretlftofS The nppeptanPt