Stephenson's Administrator v. Addison
Supreme Court of Louisiana
Appeal from the court of the eighth district, for the parish of St. Helena, the judge thereof presiding. This is an action by the administrator of one Presly L. Stephenson’s es-[455] tate, to recover the amount of a note given in part payment of the price of a slave sold at probate sale, and purchased by the defendant, Addison.
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Appeal from the court of the eighth district, for the parish of St. Helena, the judge thereof presiding. This is an action by the administrator of one Presly L. Stephenson’s es-[455] tate, to recover the amount of a note given in part payment of the price of a slave sold at probate sale, and purchased by the defendant, Addison. The defendant and his surety pleaded the general issue, and averred that the sale was illegal, and conferred no title on the purchaser; and refer to the case of Morris et al. v. Kemp, 14 La. Rep. 251, in support of the averment ; that the sale being illegal, they are…
1Opinion of the CourtBullard, J.
This is an action brought by tho administrator of the estate of one Stephenson, to recover the price of a slave sold at the probate sale of the estate. Judgment was rendered against the purchaser and his surety, and they appealed. The appellants make two points to this court: 1. That the sale of the slave was a nullity, and conveyed no right, as was decided by this court in the case of Morris et al. v. Kemp, 14 La. Rep. 251. And 2. That if the coux’t should sustain the sale and enfoi’ce the obligation of the defendants, yet they are- entitled to security against eviction.
[450] I. The report…
2Cases cited1 opinion
- Morris v. KempSupreme Court of Louisiana · 1840
3Cited by1 opinion
- Landry v. ConnelySupreme Court of Louisiana · 1843