Duncan v. Elam
Supreme Court of Louisiana
Appeal from the District Court for the parish of Catahoula, Wilson, J. contended that the judgment should he reversed. 1. There is no evidence of ten days notice to the defendant, who is a third possessor, after the expiration of thirty days demand from the debtor.
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Appeal from the District Court for the parish of Catahoula, Wilson, J. contended that the judgment should he reversed. 1. There is no evidence of ten days notice to the defendant, who is a third possessor, after the expiration of thirty days demand from the debtor. Code of Pr., 69. 6 Martin, N. S. 310. 4 La., 323-4. . 2. The order of seizure and sale extends to two slaves not mentioned in the petition. 3. There is no allegation in the petition that the act of sale from Elam to Cuny and Taylor was recorded ; without such allegation evidence could not be offered to prove it, nor could the order…
1Opinion of the CourtMartin, J.
The facts of this case are these : The defendant sold'a tract of land and slaves to Cuny and Taylor, for a sum of money, which was to be paid in six yearly instalments of unequal amounts, for which he took their several notes, secured by mortgage. He negotiated one of them which was for nine thousand dollars, and afterwards took a retrocession from his vendees, who engaged to take it up, and in cohsideration of this, retained some of the slaves, which were excepted from the retrocession. This they failed to do, and the plaintiff became the holder of the note. The defendant being liable as…
2Cited by8 opinions
- William Williams and Others v. George Armroyd and OthersSupreme Court of the United States · 1813
- Glenn v. ElamSupreme Court of Louisiana · 1848
- Federal Land Bank v. CookSupreme Court of Louisiana · 1934
- Germania Savings Bank v. PeuserSupreme Court of Louisiana · 1888
- Thompson v. LevySupreme Court of Louisiana · 1898
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