Calmes v. Carruth
Supreme Court of Louisiana
Appeal from the District Court of St. Helena, Jones, J. The defendant Carruth, appealed from a judgment rendered in favor of the plaintiffs, declaring them entitled to certain slaves sued for, and allowing them $1296, as damages against him individually. The judgment was in favor of the other defendant. The rule in Shelley’s case, does not apply to wills.
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Appeal from the District Court of St. Helena, Jones, J. The defendant Carruth, appealed from a judgment rendered in favor of the plaintiffs, declaring them entitled to certain slaves sued for, and allowing them $1296, as damages against him individually. The judgment was in favor of the other defendant. The rule in Shelley’s case, does not apply to wills. Fonblanque on Equity, 62, and notes. 4 Vesey, 227. Croke Jas. 590. Noyes v. Richardson, 2 Mass. 63. The word children, is a word of purchase. 2 Atkyns, 220. 3 Mass. 360. Kent’s Comm. lect. 59, s. 4. Doe v. Laming, 2 Burrows, 1100. Read v.…
1Opinion of the CourtBullard, J.
The plaintiffs claim, as heirs of their mother, of the syndic of the creditors of their father, William Calmes, certain slaves which they assert were bequeathed to her by Drusilla Braselman, in the State of South Carolina. They allege, that the testatrix in her lifetime, lent to their mother, as well' as to her other children, a certain number of slaves which were afterwards given by will, and that a part of the slaves in question were received in that way, and with that understanding; and, that after her death their mother, one of the heirs and legatees, retained them as a part of her…
2Cases cited1 opinion
- Hurst v. HydeSupreme Court of Louisiana · 1834