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John Zacharie and Wife, Plaintiffs in Error v. Henry Franklin and Wife 151 (1838)

handle is hein.slavery/ussccases0091 and id is 1 raw text is: JANUARY TERM, 1838. JOHN ZACHARIE -AND WIFE, PLAINTIFFS IN ERROR V. HENRY FRANKLIN AND WIFE. Under the laws of Louisiana, and the decisions of the courts of that state, a mark for the name, to an instrument, by a porson who is unable to write his name, is of the same effect as a signature of the name. A bill of sale of'slaves and furniture, reciting that the full consideration for the property transferred, had been received, and which does not contain any stipula- tions or obligations of the party to whom it is giveii, is not a cynalagmatic con- tract, under the laws of Louisiana; -and the law does not require that such a bill of sale shall have been made in aif many originals as there 'were parties having a direct interest in it, or that it should have been signed by the 'vendee. Evidence will be legal, as rebutting testimony; as to repel an imputation or charge of fraud; wh. ih would -not be admissible as original evidence. IN error to the district court of the United States, for East Louisiana. The defendants in error, Henry Franklin and wife, on the 23d of January, 1836, presented a petition to the district court of the'United States, for the eastern district of Louisiana, for the recovery of cer- tain slaves, with their children, and also of certain stock and house- hold furniture; which the petition alleged had been gold to him by Joseph Milah, by a bill of sale, duly recorded in the proper notarial office. The bill of sale was in the following words: State of Louisiana, Parish of St. Helena. Know all men,to whom these presents may come, that I, Joseph Milah, have this day bargained, sold, and delivered unto Henry Franklin, his heirs, executors, administrators, and assigns, six negroes, namely: One negro woman, named Neemy; one boy, do. John; one do. Sam; one do. Nels; one negro girl, named Ha r'iet; one do. Jenny; together with all of my cattle, hogs, horses, household and kitchen furniture, for the sum of twenty-eight hundred dollars, to me in hand paid; which property I do warrant and defend from me, my heirs, executors, and, assigns, to him, his heirs, executors, admi- nistrators, and assigns, forever.

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