Devall v. Boatner
Supreme Court of Louisiana
APPEAL from the District Court of East Baton Rouge, Johnson, J. This was an action to recover from the defendant the amount of two notes, executed by her for the price of slaves sold to her by the plaintiff. The defence was the danger of eviction, from a claim to the slaves set up by a third person.
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APPEAL from the District Court of East Baton Rouge, Johnson, J. This was an action to recover from the defendant the amount of two notes, executed by her for the price of slaves sold to her by the plaintiff. The defence was the danger of eviction, from a claim to the slaves set up by a third person. The tutor of the minor heirs of Mary Peirce, late wife of one Constantine Peirce, .intervened, alleging that Mary Peirce inherited the slaves from one Sarah Rowel, her aunt; that she continued in possession of them until her possession was divested, by a sale made under an order of seizure and…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
It being agreed by counsel, that this court decide on the correctness of the order of the District Court, in refusing to grant leave to the intervenor to make the City Bank of New Orleans a party to this suit, by reason of the said consent given, and in virtue of articles 389 et seq. of the Code of Practice, it is considered by the court that the District Court did not err in refusing the prayer of the intervenors.
The judgment appealed from is therefore affirmed, the intervenors paying the costs of this appeal, and the the case is…
2Cited by1 opinion
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