Legal Opinion

Stockton v. Truxton

Supreme Court of Louisiana

Decided April 15, 1835PublishedCited by 3 opinions

APrEAL FROM THE TARISII COURT, FOR TIIE PARISH AND CITY OF NEW-ORLEANS. This is an action on a promissory note, signed by the defendant, (he making his ordinary mark) for five hundred and fifty dollars, secured by a mortgage on a slave.

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APrEAL FROM THE TARISII COURT, FOR TIIE PARISH AND CITY OF NEW-ORLEANS. This is an action on a promissory note, signed by the defendant, (he making his ordinary mark) for five hundred and fifty dollars, secured by a mortgage on a slave. The plaintiff instituted his suit about a month before the note became due and payable; alleging, the defendant was about to remove the slave out of the state, and prayed to have her provisionally seized; that he have judgment on the note, when it became due; and that the said slave be sold to satisfy the same. The defendant pleaded the general issue; and…

1Opinion of the Court

Martin, J.,

delivered tbe opinion of the court.

The defendant being sued on his promissory note, secured by a mortgage on a slave for five hundred and fifty dollars, resists the plaintiff’s action, by a denial that' he made and . executed the .note and mortgage sued on, and on other-grounds.

At the trial of the cause, the defendant offered witnesses to prove a want of consideration in the note sued on, and fraud in its execution as alleged, and that the act of mortgage is not a notarial act. This evidence was objected to, on the part of the plaintiff, and the objection sustained by the court, on…

2Cited by3 opinions

  1. Henderson v. AlfordLouisiana Court of Appeal · 1925
  2. Breckenridge State Bank v. NelsonLouisiana Court of Appeal · 1928
  3. Securities Finance Co. v. MarantoLouisiana Court of Appeal · 1960

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