Wilcoxon v. Buford's Heirs
Supreme Court of Louisiana
WESTERN DlST. APPEAL PROM THE COURT OP THE PIPTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action instituted against the widow and heirs of the late Warren Buford, to recover from them the sum of one hundred and sixty-five dollars and sixty-four cents, with legal interest due thereon, which, the plaintiff alleges, he paid as the surety of said Buford, in his life time, on a twelve months’ bond.
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WESTERN DlST. APPEAL PROM THE COURT OP THE PIPTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action instituted against the widow and heirs of the late Warren Buford, to recover from them the sum of one hundred and sixty-five dollars and sixty-four cents, with legal interest due thereon, which, the plaintiff alleges, he paid as the surety of said Buford, in his life time, on a twelve months’ bond. The defendants’ counsel pleaded an exception to the action. 1. That there was no cause of action set out in the petition. 2. That the District Court was without jurisdiction. 3. The…
1Opinion of the CourtMartin, J.
The plaintiff claims a sum of money which he was compelled to pay, as the surety of the defendants’ ancestor, in a twelve months’ bond.
The defendants pleaded that a slave of their ancestor-was sold under an execution to satisfy the claim of the creditor in the twelve months’ bond, and the plaintiff by fraud and misrepresentation prevented several individuals and others who were desirous of purchasing the slave which had been seized, from bidding his value for the benefit of the family, whereby said slave was adjudicated to him for a very small sum, leaving a balance still due to the creditor…
2Cited by2 opinions
- Morgan v. DriggsSupreme Court of Louisiana · 1841
- Godbold v. HarrisonLouisiana Court of Appeal · 1881