Perryman v. Demaret
Supreme Court of Louisiana
WESTERN DlST. APPEAL PROM THE COURT OP THE FIFTH JUDICIAL DISTRICT, POR THE PARISH OP ST. MART, THE JUDGE OP THE SIXTH PRESIDING. The plaintiffs claim several head of cattle branded with their brand, as their property, which they allege are in the possession of the defendant, and for which they pray judgment in kind, or for their value in money. The defendant pleaded a general denial.
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WESTERN DlST. APPEAL PROM THE COURT OP THE FIFTH JUDICIAL DISTRICT, POR THE PARISH OP ST. MART, THE JUDGE OP THE SIXTH PRESIDING. The plaintiffs claim several head of cattle branded with their brand, as their property, which they allege are in the possession of the defendant, and for which they pray judgment in kind, or for their value in money. The defendant pleaded a general denial. The evidence clearly showed, that about twenty-five or thirty head of the cattle claimed, were sold by one Martin M. Campbell to L. Foster in his life time, and at the probate sale of his succession, they were…
1Opinion of the CourtCarleton, J.
The petitioners aver, that they were the owners of a number of cattle, which one Martin Campbell, without any *348right or authority to that effect, sold and delivered to Levi Foster in the year 1831 ; that after the death of Foster they were sold through error, as a part of his succession, when the defendant became purchaser. The petition concludes with a prayer for judgment against the defendant for all the cattle and their increase in her possession, and for general relief.
Where the plaintiffs proved their cattle had been sold by another, without authority, and found in possession of…
2Cited by3 opinions
- William Frantz & Co. v. J. S. Winehill & Co.Supreme Court of Louisiana · 1909
- Holloway v. A. J. Ingersoll Co.Louisiana Court of Appeal · 1931
- Marks v. LandrySupreme Court of Louisiana · 1845