Rogers v. Chandler
Supreme Court of Louisiana
APPEAL from the District Court of Jefferson, Clark, J. This case came up on an appeal from a judgment against Edward Brown, the intervenor. 1st. No act has been done by plaintiff, Rogers, in any way showing an intention to renounce his privilege as vendor. Hence this privilege still exists on all the slaves sold. 2d. The act of sale from plaintiff to defendant is properly recorded, and in accordance with law.
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APPEAL from the District Court of Jefferson, Clark, J. This case came up on an appeal from a judgment against Edward Brown, the intervenor. 1st. No act has been done by plaintiff, Rogers, in any way showing an intention to renounce his privilege as vendor. Hence this privilege still exists on all the slaves sold. 2d. The act of sale from plaintiff to defendant is properly recorded, and in accordance with law. A simple inscription, without transcription of the contract of sale in the office of mortgages, suffices. 10 Duranton, (Brussells Ed.) sec. 207, p. 330. 1 Troplong, Priv. et Hyp., sec.…
1Opinion of the Court
The judgment of the court (Slidell, J. and Preston, J., giving separate opinions) was pronounced by
Rost, J.
On the 20th of August, 1849, Edward G. Rogers, representing himself as the agent of the plaintiff in this suit, sold certain slaves to Mrs. Rachel McKinney for the total price of $1456, for which the purchaser gave her note, payable on the 1st of July, 1850. Nothing was said in the act about the vendor’s privilege, and no mortgage was retained on the slaves; but to secure the payment of the note the vendor specially mortgaged, in said act, two houses and lots belonging to her.
*350The vendor…
2Cases cited2 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- J. C. Hicks & Co. v. CramSupreme Court of Vermont · 1845
3Cited by3 opinions
- Life Ins. Co. of Virginia v. NolanSupreme Court of Louisiana · 1935
- Robbins v. MartinLouisiana Court of Appeal · 1931
- Hunter v. SandelSupreme Court of Louisiana · 1935