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Ann Brabston, Plaintiff in error, v. Tobias Gibson U.S. 263 (1850)

handle is hein.slavery/ussccases0273 and id is 1 raw text is: JANUARY TERM, 1850. 263 Brabston v. Gibson. ANN BRABSTON, PL UNTIFF IN ERUOB v. TOBIAS GIBsoN. Where promissory notes were executed in Louisiana, but made payable in Missis- sippi, and indorsed in Mississippi, and the indorsee sues in Louisiana, the law of issiseippi, and not that of Louisiana, musthe the law of the ease. By the law of Mississippi, where the indorsee sues the maker, the defendant shall be allowed the benefit of all want of lawful consideration, failure df consideration, payments, discounts, and set-oil's, made, had, or possessed against the same, previ- ous to notice of the assignment. Where the notes were originally given for the purchase of a plantation, which plan- tation was afterwards reclaimed by the vendor (under the laws of Louisianp. and the deed), and, in the deed of reconveyance made in consequence of such reclama- tion, the plantation remained bound for the payment of these notes, these facts do not show a want of lawful consideration, failure of consideration, payment, dis- count, nor set-off, and consequently furnish no defence for the maker when.sued by the indoriee. The fact, that the notes were indQrsed .Ne varieur by the notary, did not destroy the negotiability of the notes. THis case was brought up, by writ of error, from the Circuit Court of the United States for Louisiana. Ann Brabston was a citizen of Mississippi, and Gibson of Louisiana. The facts in the case were .somewhat complicated. There was a case agreed in the Circuit Court, which is inserted in this statenent; but in consequence of a reference to long deeds, which are made a part of the case agreed, it may be proper to collect the facts stated in those deeds, and throw them into the form of a continued narrative. The case was this. On the 16th of May, 1837, William Harris, a citizen of Mississippi, residing in Adams County in that State, became indebted to the heirs- of Epheus Gibson, in the sum of $11,000, bearing eight per cent. interest till paid. On the 24th of March, 1838, Harris purchased from Tobias Gibson, the defendant in error, who was tben the owner of a plantation of 1,219 acres in the parish-of Concordia in Louis- iana, and of twenty-four slaves thereon, an undivided moiety of the said plantation and slaves, whereby he-and Gibson be- came tenants in common thereof. On the 11th of March, 1839, Harris became indebted to the Agricultural Bank of Mississippi, in the sum of $ 25,272.02, for which he gave his two promissory notes to the said bank, both dated on that day, one of them for $ 6,398.55 payable on the 1st of February, 1840; the other -of them fof $ 18,873.47i payable on the 1st of April, 1840. On the 16th of March, 1839, Harris executed a mortgage of his undivided moiety of the plantation and slaves purchased

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