Legal Opinion

M'Burney v. Flagg

Supreme Court of Louisiana

Decided September 15, 1837PublishedCited by 1 opinion

Western Dist. APPEAL FROM THE COURT OP THE FIFTH JUDICIAL DISTRICT POR THE PARISH OP ST. MARY, THE JUDGE THEREOF PRESIDING. This suit was commenced by an opposition of the plaintiff to an order of seizure and sale, obtained by the defendant, against certain slaves in the possession of Wm. Youngblood. ' The plaintiff alleges, she is the owner of said slaves.

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Western Dist. APPEAL FROM THE COURT OP THE FIFTH JUDICIAL DISTRICT POR THE PARISH OP ST. MARY, THE JUDGE THEREOF PRESIDING. This suit was commenced by an opposition of the plaintiff to an order of seizure and sale, obtained by the defendant, against certain slaves in the possession of Wm. Youngblood. ' The plaintiff alleges, she is the owner of said slaves. That Youngblood has been for a long time in embarrassed circumstances ; that she is the aunt of his children, and being desirous of assisting them in their education and support, conveyed the said slaves to their father, with the view of…

1Opinion of the CourtCarleton, J.

It appears that William Youngblood, was indebted to the defendant in a sum of money, to secure the payment of which, he mortgaged certain slaves by public act, on the 10th July, 1830, before the parish judge of St. Mary. The money not having been paid, the defendant obtained thereon an order of seizure and sale, whereupon the plaintiff instituted this suit, and claimed the slaves as her property.

The defendant answers by general denial, and opposes the plea of prescription in support of Youngblood’s title, and further avers, that the petitioner suffered him to introduce the slaves into the…

2Cited by1 opinion

  1. William Frantz & Co. v. J. S. Winehill & Co.Supreme Court of Louisiana · 1909

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