Same Case — On an Application for Re-hearing

THE judgment of the court, on a re-hearing, (Eustis, C. J. being absent,) was pronounced by

Slidell, J.

The defendant has applied for a re-hearing, contending that the court erred in sustaining the plaintiff’s title on the ground of prescription. Courts, it is said, cannot supply the plea of prescription, and the plaintiff has not pleaded it. It is true, that the plaintiff has not specially set up prescription in his petition. B.ut if it be conceded, under the general rules of pleading, that in alleging his ownership of the slave, it was necessary for him to plead specially an acquisition of…