Rowlett v. Shepherd

The facts are stated in the opinion of the court, delivered by

Porter, J.

This action commenced by an executory process to enforce payment of the three last instalments of a sugar plantation, purchased by the defendant from one Fleckner. Of these instalments, the plaintiff is the assignee. The existence of the debt is not contested, and a tender of it was made previous to the institution of this suit. The object in contestation is the interest due on these instalments from the time they respectively-became due. The defendant contends that, owing to the pendency of a suit, and the existence of…