Carpenter v. Herndon

The plaintiff has appealed from a judgment dismissing his suit on an exception of no cause or right of action, as to one of the two defendants, the American Bank & Trust Company. The other defendant, James R. Herndon, allowed judgment to go against him hy default. The only question, therefore, is whether the bank is liable. The action is on an alleged warranty of title of certain lots which the plaintiff bought from Herndon, in the city of Shreveport.

We take it for granted, of course, in passing upon the bank’s exception, that the allegations of the plaintiff’s petition are true. In November,…