Terry v. Hennen
Supreme Court of Louisiana
PPEAL from the Fifth District Court of New Orleans, Buchanan, J. Defendant founds his pretensions on a document purporting to be a transfer of the lands from Lea to him, in which Lea states that he had entered them with the money of the defendant; and upon a receipt signed by Lea, dated March 1836, for $900, to be used in entering lands for the defendant.
Read the full summary
PPEAL from the Fifth District Court of New Orleans, Buchanan, J. Defendant founds his pretensions on a document purporting to be a transfer of the lands from Lea to him, in which Lea states that he had entered them with the money of the defendant; and upon a receipt signed by Lea, dated March 1836, for $900, to be used in entering lands for the defendant. The plaintiff objected to the introduction of these documents, on the ground that they were “ acts under private signature, and inadmissible as evidence against the plaintiff.” As evidence of a sale, the act of transfer was inadmissible. C.…
1Opinion of the Court
*463Tne judgment of the court (King, J. absent,) was pronounced by
Rost, J.
On the 19th March, 1836, Franklin W. Lea entered certain lands in the parish of St. Helena, at the land office for the Greensburg land district. Lea paid for the land, and’ received from the land office two receipts for the price, numbered 450, 451. On the 26th of May, 1837, Lea sold these and other lands to the plaintiff, by an authentic act, which was recorded in the parish of St. Helena, on the 10th of July, 1837, without transferring the receipts, or making any mentino of them. In 1842, Congress passed an act, the first…
2Cases cited5 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Guidry v. WoodsSupreme Court of Louisiana · 1841
- Slack v. OrillionSupreme Court of Louisiana · 1839
- Lefebvre v. ComeauSupreme Court of Louisiana · 1837
- Metoyer v. LarenandièreSupreme Court of Louisiana · 1843
3Cited by2 opinions
- Breaux v. LefortSupreme Court of Louisiana · 1946
- Garrison v. Natalbany Lumber Co.Louisiana Court of Appeal · 1926