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Page.

STEAM BOATS.

1 The owners of a steam-boat are liable for the
acts of their captain: If he neglect to
carry goods, the measure of damages is,
the difference between the value of them
at the period when they ought to be land-
ed, and their value when they are. Lowery
vs. Young et al.

2 The fact that the vessel of the plaintiffs was
run aground while towed by a steam-boat,
raises a presumption of negligence and
misconduct on the part of the captain of
the boat, which renders its owner liable to
an action, Smith et al, vs. Pierce et al.
3 Owners of steam tow-boats are liable as com-
mon carriers. Same case.

SUCCESSION.

1 Where property of a succession has passed
into the hands of third persons, the courts
of ordinary jurisdiction, not those of Pro-
bate, must be resorted to for relief.
Casanova's heirs vs. Acosta et al.

SUPROGATION.

1 The purchaser of mortgaged premises is not
subrogated to the mortgagees right, al-
though he pay the price to the mortga
gor, who immediately, and in his pre-
sence, pays it over in discharge of the
mortgage. Serapurn vs. La Croix.

932

349

ib.

179

373

2 It is immaterial whether the mortgagor use his
money, or any other, to discharge the

mortgage. Same case.

Page.

3 The legal subrogation which is created by pay-
ment made by a debtor, who being bound
with or for another, has an interest in dis-
charging the debt, is as extensive as any
express subrogation. Cox vs. Baldwin.

SYNDIC.

1 One Syndic, where others are appointed, is
not the representative of the creditors,
and it is only as such, that suit can be
maintained for matters relating to the in-
solvents estate. Relf vs. Collins et al.

TAX.

1 A tax laying a certain sum on the owners of all
property of a particular description, is a
tax on property. Oakey vs. Mayor et al.

2 Taxation need not be uniform. Same case.
3 The corporation of New-Orleans have a right
to lay a tax to provide for a prospective
deficiency. Same case.

VACANT ESTATE.

ib.

401

1 No proceedings can be had by the creditors
of a vacant estate to establish their claims,
'till a curator be appointed to it, or the
the estate be insolvent, and a syndic or
syndics be legally appointed. McMicken
vs. Ficklin,

40

1

ib.

ib.

45

2 The personal responsibility of a curator does
not devolve on his curator. Moorhead vs.

Thompson et al.

VENDEE.

1 A vendee cannot be cited in warranty. Do-

naldson vs. Maurin et al.

WARRANTY.

1 A third person cannot be cited in warranty
who wishes to avail himself of the pro-
visions of the code of practice in his favor,
must file his opposition in his answer to
the citation in warranty.

Maurin et al.

Donaldson vs.

WILL.

Page.

281

29

29

1 A party who claims under a will, may sue in
the name by which he is therein designa-
ted. Donaldson vs. Maurin et al.

presump-

2 The rule that in doubtful cases the
tion is, that a testator intended to dis-
pose of his property in conformity with
the dispositions of the law, is applicable
only when the dispositions of the testator
are so confused and uncertain that no effect
can be given to them, and which would, of
necessity, leave the distribution of his
property to the operation of the law.
Poydrass vs. Poydrass et al,

3 The continuance of an executors functions

by the Probate judge, after the expira-

29

153

Page.

tion of the year, enables him to maintain an action. Swift vs. Williams et al. 165 4 The declaration of a testator that property

was common, when in truth it was not,
must be regarded as a disguised donation,
and consequently null and void. Casa-
nova's heirs vs. Acosta et al.

WITNESS.

1 A witness may testify to his belief of a fact, if examined as to the grounds of his belief, and his answers are vague, the court will instruct the jury. Flower vs. Williams,

179

22

THE END.

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