Legal Opinion

Anderson v. Cade

Supreme Court of Louisiana

Decided September 15, 1836PublishedCited by 3 opinions

WESTERN DlST. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This case came before the court on a motion to dismiss the appeal. The plaintiff obtained judgment for five hundred and sixty-seven dollars against the defendant, Cade, and that a certain slave, which the latter had purchased from John Compton and Joseph Walker, as executors of an estate, should be seized and sold to pay said judgment.

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WESTERN DlST. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This case came before the court on a motion to dismiss the appeal. The plaintiff obtained judgment for five hundred and sixty-seven dollars against the defendant, Cade, and that a certain slave, which the latter had purchased from John Compton and Joseph Walker, as executors of an estate, should be seized and sold to pay said judgment. Cade cited Compton and Walker in warranty, and had judgment over against them for the .value of the slave, from which he was evicted. They appealed. The…

1Opinion of the CourtMartin, J.

The defendant, in this case, having called his vendors in warranty, they came in and contested the plaintiff’s right to the slave, sought to be made subject to his mortgage, and *271also that of the defendant against them as warrantors. They are now appellants from the judgment which supports the plaintiff’s claim, and that of the defendant against them in warranty.

The appeal must be dismissed ■when there Is no appeal bond taken in favor of the appellee. Where the warrantors have assumed the de-fence* of the action instituted against the defendant, and judgment.is rendered in favor of the…

2Cited by3 opinions

  1. Haydel v. RousselSupreme Court of Louisiana · 1846
  2. Texas N.O.R. Co. v. Miller Co.Louisiana Court of Appeal · 1941
  3. Southern Development Co. v. DubrocaSupreme Court of Louisiana · 1903

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