Hopkins v. Lacouture
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST DISTRICT. This was art action for the recovery of a slave, to which the plaintiff set up title under a deed of trust, executed in his favor in the state of Alabama, by one Malone. It appeared that after the execution of the trust, the slave remained in the possession of Malone, who subsequently brought her to New-Orleans, and constituted one M‘Clure, his agent, who, in his own name, sold her to the person under whom the defendant claimed.
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APPEAL PROM THE COURT OF THE FIRST DISTRICT. This was art action for the recovery of a slave, to which the plaintiff set up title under a deed of trust, executed in his favor in the state of Alabama, by one Malone. It appeared that after the execution of the trust, the slave remained in the possession of Malone, who subsequently brought her to New-Orleans, and constituted one M‘Clure, his agent, who, in his own name, sold her to the person under whom the defendant claimed. The court a qua was' of opinion, that as the deed of trust was not recorded in this state, the defendant was a purchaser…
1Opinion of the CourtPorter, J.
A legal title to a slave was vested by one Malone in the plaintiff, in trust for the payment of several debts. The possession of the slave remained in Malone, who finally removed from the state of Alabama, where the deed of trust had been executed, and brought the slave with him. She has been found in possession of the defendant, and this suit is brought to recover her.
a purchaser property in this state, is not affected by a mortgage executed in another state, unless it be recorded in this. Where the parties acknowlege aparóle agreement for immoveable property, or consent to admit parole…
2Cases cited1 opinion
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
3Cited by5 opinions
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- Pauline v. HubertSupreme Court of Louisiana · 1859
- General Motors Acceptance Corporation v. NussLouisiana Court of Appeal · 1939
- Succession of AlexanderSupreme Court of Louisiana · 1866
- Mason v. OgdenLouisiana Court of Appeal · 1926