Stockton v. Truxton
Supreme Court of Louisiana
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
- Henderson v. AlfordLouisiana Court of Appeal · 1925
- Breckenridge State Bank v. NelsonLouisiana Court of Appeal · 1928
- Securities Finance Co. v. MarantoLouisiana Court of Appeal · 1960