Tuttle v. Succession of Burroughes
Supreme Court of Louisiana
APPEAL from the District Court of the parish of Avoyelles, Cushman, J. cited C. 0. 2258. 2 R. 212, 328. 1 La. 206. 12 La. 166. 13 L. 216. To prove the lost instruments, the affidavit of plaintiff is annexed to the petition, and three consecutive advertisements in the newspaper published at Marksville, 13th January, 1853, were offered in evidence.
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APPEAL from the District Court of the parish of Avoyelles, Cushman, J. cited C. 0. 2258. 2 R. 212, 328. 1 La. 206. 12 La. 166. 13 L. 216. To prove the lost instruments, the affidavit of plaintiff is annexed to the petition, and three consecutive advertisements in the newspaper published at Marksville, 13th January, 1853, were offered in evidence. The mode pursued by plaintiff to establish the existence of the lost instruments and the fact of their loss, falls far short of the requirements called for in the Articles 2258 and 2259 of the Louisiana Code, so as to let in evidence of their…
1Opinion of the CourtYookhies, J.
The plaintiff’s action is- founded on a promissory note and draft, alleged to have been lost in the year 1849; he also claims the sum of $400, as one-half of the price of a tract of land sold by William Lazarus, for the joint benefit of himself and Burroughes, alleging that the latter received the whole amount thereof.
The note' is described as drawn for the sum of $600, and dated in the year 1846, and the draft for the sum of $>160; both endorsed by William Lazarus.
In the advertisement of the loss,, published in January, 1853, the amount of the note is not specified; it is merely described as…
2Cited by1 opinion
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