Heirs of Fulton v. Sollibellos
Supreme Court of Louisiana
APPEAR FROM ÍHE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. The plaintiffs sue the defendant as security of the late R. r J H. McWaters, for the price of a slave, amounting to one thousand five hundred and five dollars and interest, which the latter purchased at the probate sale of A. Fulton’s estate. mi . . ...
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APPEAR FROM ÍHE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. The plaintiffs sue the defendant as security of the late R. r J H. McWaters, for the price of a slave, amounting to one thousand five hundred and five dollars and interest, which the latter purchased at the probate sale of A. Fulton’s estate. mi . . ... JLhey allege that the price of the slave remains unpaid; that McWaters is dead, his estate insolvent, and that the defendant is now liable as his surety. The defendant avers that Eliza McWaters, one of the plaintiffs, and heir of Fulton, was the wife of R. H.…
1Opinion of the CourtMartin, J.
The defendant, sued for the price of a slave, as surety of McWaters, the purchaser at the sale of the estate of the plaintiff’s ancestor, admitted his signature to the proces verbal of the sale, and with this exception pleaded the general issue, and that his principal was, at the period of the sale, the husband of the plaintiff Eliza, who had theretofore instituted proceedings, to obtain a partition of Fulton’s estate, and the sale was made with a view to this partition, and she requested her husband to purchase said slave on her account, in part discharge of her part of the estate, which was…
2Cited by1 opinion
- Conery v. CoonsSupreme Court of Louisiana · 1881