Legal Opinion

M'Donough v. Zacharie

Supreme Court of Louisiana

Decided March 15, 1833PublishedCited by 2 opinions

Eastern Dis. APPEAL PROM THE COURT OP THE FOURTH DISTRICT, THE JUDGE OF THE THIRD PRESIDING. This suit was brought for the payment of thirty-seven thousand eight hundred and thirteen dollars, with interest at six per cent, by a seizure and sale of a plantation situated about thirty leagues above the city of New-Orleans, on the right bank of the Mississippi, and fifty-four negroes, in the possession of the defendant.

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Eastern Dis. APPEAL PROM THE COURT OP THE FOURTH DISTRICT, THE JUDGE OF THE THIRD PRESIDING. This suit was brought for the payment of thirty-seven thousand eight hundred and thirteen dollars, with interest at six per cent, by a seizure and sale of a plantation situated about thirty leagues above the city of New-Orleans, on the right bank of the Mississippi, and fifty-four negroes, in the possession of the defendant. On the 23d of January, 1818, the plaintiff, by public act, sold this plantation, and thirty of the negroes, to John T. Pemberton, for one hundred and twenty-five thousand dollars,…

1Opinion of the CourtMathews, J.

This action commenced by an order of seizure and sale of certain real estate and slaves, described in the plaintiff’s petition, and alleged to be subject to a mortgage made in his favor, &c. The order of seizure was granted on the 10th of May, 1832. To this proceeding the defendant (who is the third possessor) filed his opposition and answer, and obtained an order to suspend and enjoin the order of seizure, until further order of the court.. On these pleadings, and the evidence adduced, the cause was tried in the court below, and judgment being rendered in favor of the plaintiff, the…

2Cited by2 opinions

  1. Relf & Zacharie v. M'DonoghSupreme Court of Louisiana · 1841
  2. Relf & Zacharie v. M'DonoghSupreme Court of Louisiana · 1841

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