Upshur v. Briscoe
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. On the 25th of January, 1857, James Andrews, of the parish of Tensas, in the State of Louisiana, executed and delivered to William J. Briscoe, also of said parish and State, the following instrument in writing: “ James Andrews ) to >• Donation.
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ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. On the 25th of January, 1857, James Andrews, of the parish of Tensas, in the State of Louisiana, executed and delivered to William J. Briscoe, also of said parish and State, the following instrument in writing: “ James Andrews ) to >• Donation. “ Annie M. Andrews. ) “ State of Louisiana, ) “ Parish of Tencas. ) “Know all men by these presents'that I,'James Andrews, of said parish and State, do nominate, constitute and appoint William Jl-Briscoe, also of said parish and State, my true and lawful attorney for me and in my name to pay or…
1Opinion of the CourtJustice Blatchford
In regard .to the character of the obligation assumed by Briscoe, we concur with the views of the Supreme Court of Louisiana in its second opinion. By the instrument signed on the 25th of January, 1857, the relation of debtor and creditor was created between Briscoe and the beneficiaries. It was stated expressly that the annual payment of $700 was to “be considered as interest upon the said amount' of $10,000; ” and that, in case Annie M. Andrews should marry and leave issue, the $10,000 should remain invested as theretofore in the hands of Briscoe, and the “ interest ” should' continue to be…
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