Phillips v. Flint
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE SIXTH DISTRICT, THE JUDGE OP THE SEVENTH PRESIDING. James L, and Richard L. Phillips claim two negroes,'in the possession of the defendant, which they allege belonged to. their father’s succession, and are now their property. The defendant pleads a general denial.
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APPEAL PROM THE COURT OP THE SIXTH DISTRICT, THE JUDGE OP THE SEVENTH PRESIDING. James L, and Richard L. Phillips claim two negroes,'in the possession of the defendant, which they allege belonged to. their father’s succession, and are now their property. The defendant pleads a general denial. He alleges further that the slaves were mortgaged by Isabella Phillips, Phillips, and Abram Phillips, to Henry A. Bullard, and that the said Isabella, John and Abram Phillips at the time of con-trading the debt and making the mortgage, were the legal owners, and in possession of the said slaves. They…
1Opinion of the CourtMathews, J.
This is a suit instituted to recover certain.slaves as described in the petition of the plaintiffs. They obtained á verdict and judgment in the District Court, from which the defendant appealed.
The action is petitory, and in order to recover, the plaintiffs must show title in themselves against the general denial in the answer of the defendant, who also pleads title to the property in dispute.
The evidence of title in the plaintiffs, is proof of heirship to Isaac Phillips, their father, who was husband to one of the persons, and father of the other two, from whom the defendant derives title,…
2Cited by2 opinions
- Police Jury v. RobichauxSupreme Court of Louisiana · 1906
- Noble v. NettlesSupreme Court of Louisiana · 1842