Legal Opinion

McDonald v. Lewis

Supreme Court of Louisiana

Decided March 15, 1849PublishedCited by 2 opinions

from the Third District Court of New Orleans, Kennedy, J. cited Barry v. De Russy, 1 Rob. 76. Pcet'v. Morgan,, 6 Mart. N. S. 138. Yocum v. Bullitt,Tb. 325. Duperon r Van Winlcle, 4 Rob., 39. Lowry v. Erwin, 6 Rob. 192. Crocker v. De Passau, 5 La. 39. Walcott v. P¡pmroy, 2 Pickering, 121. Grinnell v. Phillips, 1 Mass. 530. Campbell v. Phelps, Í7 Mass., 244. Jameson v. Hendrick, 2 Blackford, 94. William v. Lowndes, 1 Hill, 579.

1Opinion of the Court

The judgment of the court (Eusiis, C, 3. dissenting,) was pronounced by

Slidell, J.

The court below was of opinion that the plaintiff had proved a bond.fide purchase of the goods from Tillotson. I do not feel entirely convinced upon that point; but I will give the plaintiff the benefit of the district judge’s opinion, and assume that the sale was real and in good faith. But what are the facts so far as the sheriff is concerned?

This sale, it is said, was made on the 16th February, 1847, upon which day the written bill of sale purports to be signed. Tillotson, the vendor, an embarrassed debtor,…

2Cases cited1 opinion

  1. Magne v. SeymourNew York Supreme Court · 1830

3Cited by2 opinions

  1. Tilly v. WoodhamLouisiana Court of Appeal · 1936
  2. State ex rel. Continental Supply Co. v. FontenotSupreme Court of Louisiana · 1919

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