Legal Opinion

McMaster v. Stewart

Supreme Court of Louisiana

Decided June 15, 1856PublishedCited by 7 opinions

APPEAL from the Sixth District Court of New Orleans, Cotton, J.

1Opinion of the CourtMerrick, C. J.

This is an action of revendication brought to recover of the defendant a slave.

We think justice requires that this case should be remanded for a new trial. While the defendant complains that injustice has been done him by reason that he has been prevented from having a curator ad hoc appointed to represent thé defendant in his demand in warranty, we find that the plaintiff has not adduced that clear proof which will enable him to recover, although the testimony makes it highly probable that such proof exists.

In this action, the plaintiff must recover on the strength of 1ns own title. In the…

2Cited by7 opinions

  1. Meyer v. Board of Trustees of Firemen's Pension & Relief Fund for City of New OrleansSupreme Court of Louisiana · 1942
  2. Egan v. Hotel Grunewald Co.Supreme Court of Louisiana · 1910
  3. Patton's Heirs v. MoseleySupreme Court of Louisiana · 1937
  4. Loew's, Inc. v. Don George, Inc.Supreme Court of Louisiana · 1955
  5. Smyth v. New Orleans Canal & Banking Co.Court of Appeals for the Fifth Circuit · 1899

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