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Joseph S. Cucullu, Plaintiff in Error, v. Louis Emmerling U.S. 83 (1860)

handle is hein.slavery/ussccases0176 and id is 1 raw text is: DECEM3ER TERM, ?859. 83 Cu=uu v. EirmZling. the contract, as far as it had been executed, and to enable him to complete it according to the engagement that had been en' tored into. The power of attorney and the deed had been on the pub- lic records for thirty-fo.ur years before this suit was com- menced, and for five years these defendants had been in the actual possesion of the property. It had been repeatedly sold during this long period. To the inquiry made of the witness, whether the purchase money had been paid to the grantors, or -vhether the security on real .property had been taken, he an- swers: This affiant is informed and believes that most of the lands were sold to William O'Hara without security, or the payment of anything in hand upon the promissory notes of the said O'Hara, which, as this afflant is informed and be- lieves, were in the hands of Beck at the time of his death, and 'copies of which, * * as he is informed and believes, * * * are annexed. It is the opinion of the court that this testi- mony was not admissible; and although it was read to the jury, it did not contain anything to warrant a conclusion un- -favorable to the title of the defendants. Judgment affirmed. JOSEPH S. CUOULLU, PLAINTIFF IN ERROR, V. Louis EmMRiad. Whre, according to the practice in Louisiana, the facts of the case are stated by the court below in the nature of a special verdict, an objection that the contract sued upon could not be proved by one witness only, comes too late when made for the first time in this court. According to that practice, the judge below finds facts, and not evidence of those facta THIS case .was brought up by writ of error from the Circuit Court of the United States for the eastern district of Louisiana. In 1857, Emmerling, a resident of New Orleans, an alien subject of the Grand Duke of Hesse Darmstadt, filed his peti- tion in the Oircuit Court, alleging that Cucullu had employed him as a broker to sell an estate. The cause was submitted to the court below, which ibund the following facts, viz:

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