Williams v. Hagan
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was an action to rescind the sale of certain slaves, made to the defendants by one Kimball. It appeared from the testimony, that the plaintiff sold the slaves to Kimball in the State of Mississippi, on the 8th of September, 1828. Kimball paid a part of the price, and gave a draft for the remainder which was protested.
Read the full summary
APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was an action to rescind the sale of certain slaves, made to the defendants by one Kimball. It appeared from the testimony, that the plaintiff sold the slaves to Kimball in the State of Mississippi, on the 8th of September, 1828. Kimball paid a part of the price, and gave a draft for the remainder which was protested. In the act of sale, it was stipulated that if Kimball failed to comply with his agreement, the bargain should be void, and that the act of sale should be left in thé hands of a third person, until Kimball should produce the…
1Opinion of the Court
Martin J.
delivered the opinion of the court.
The plaintiff states that he attached several slaves, the property of Kimball, his debtor, and that the defendants pretending to be the owners of them, prevailed on the sheriff to surrender them. The petition concludes with a prayer, that the defendants be desired to return them to the sheriff to be proceeded on, on the plaintiff’s attachment.
The general issue was pleaded. There was judgment for the defendants, and the plaintiff appealed. •
In this court, the appellee’s counsel has endeavoured to shew title to the slaves under Kimball, and has…
2Cited by16 opinions
- McDuffie v. WalkerSupreme Court of Louisiana · 1909
- Schneidau v. New Orleans Land Co.Supreme Court of Louisiana · 1912
- Harang v. PlattsmierSupreme Court of Louisiana · 1869
- Syndic of McManus v. JewettSupreme Court of Louisiana · 1834
- Way v. LevySupreme Court of Louisiana · 1889
11 more not listed; retrieve them via the Exa API.