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20 La. 347

Stephens v. Lanier

Supreme Court of Louisiana

Decided May 15, 1868

Supreme Court of Louisiana · decided 1868-05-15

<p>PPEAL from the District Court, Parish of St. Tammany, Ellis, J.</p>

Decided 1868-05-15

Hyman, C. J.

¶1Two suits, numbered 657 and 779, bearing the above title, were consolidated and tried together, and from a judgment rendered in same in favor of plaintiffs, defendants have appealed.

¶2It is suggested by plaintiff, that all the parties interested in maintaining the judgment have not been made parties to the appeal, and that therefore it should be dismissed.

¶3There are no other parties to the suits than those the title indicates.

¶4The suits are brought on two promissory notes.

¶5The defence is, that the plaintiff, with others, sold a slave having redhibitory defects to one of the defendants, and that the notes sued on Were given for a part of the price of the slave.

¶6*348The notes do not state their consideration; there is no evidence adduced that indicates their consideration.

¶7It is not shown that plaintiff sold or authorized the sale of the slave,- or that she received any part of the price, or that she ratified the sale.

¶8The judgment condemned defendants to pay plaintiff the amount of the notes, with interest and costs.

¶9It is decreed that it be affirmed, at the cost of defendants.

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