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![handle is hein.slavery/ssactsengr0217 and id is 1 raw text is: BEAUCE, V. MUTER [1844-45]
[69] ON APPEAL FROM THE ROYAL COURT OF THE ISLAND OF
SAINT LUCIA.
ANNET JEAN BEAUC ,- Appellant; WILLIAM MUTER,-Respondent*
[Dec. 10, 1844; Jan. 17, 1845].
A. obtained a judgment in the Court of the Seneschal in the island of Saint Lucia
in 1827, on a mortgage claim against the estate of B. After B.'s death, his
heirs sold the estate to C. In 1830 the Judgment against the estate was
registered against B., and his succession, but not against C., who was then
the owner of the estate. A. afterwards, by an act of session, transferred to
D. a part of the mortgage claim. In an action Declaration d'Hypoth~que,
brought by D., as the transferee of part of the mortgage claim against E.,
then in possession, it was held by the Judicial Committee of the Privy Council,
affirming the Judgment of the Court below:
1st. That the mortgage claim constituted, by the law of the Island, a general
hypothec, and created a real right upon the estate, and those who derived
their title from B.'s heirs were subject to such hypothec [5 Moo. P.C 79].
2nd. That in such circumstances the registration of the Judgment of 1827,
against B. and his succession, was a sufficient compliance with the Order in
Council of 1829 [5 Moo. P.C. 80].
Domicile must be de facto, not de jure. Therefore the fact of a party resident
in France, but represented by an attorney in the Island, will not create a
constructive domicile, so as to entitle a party to set up as a discharge to a
mortgage, a plea of prescription of ten years entre ywn sems [5 Moo. P.C.
79, 80].
This suit was instituted for the purpose of enforcing against the Appellant, as
owner of a plantation or estate called Anse Canot, in the Island of Saint Lucia,
payment of part of a sum of money, recovered by other parties against the former
owner of the estate, by a Judgment of the Court of Seneschal, bearing date the 8th
of May 1827, which was subsequently confirmed by a Decree of the Royal Court of
Saint Lucia, on the 15th of November 1838. By the pro-[70]-ceedings in such suit,
which was an action styled, under the French law, Declaration d'Hypoth~que,
the Respondent, the then Plaintiff, called the Appellant, the then Defendant, into
Court, as the proprietor of the Anse Canot estate, to recover from him payment of
a proportion (to the amount of £906 Os. 2d. for principal, interest, and costs) of a
mortgaged claim held by the DIemoiselles de Croiseuil, who were resident in Fontain-
bleau, in France, against that property, and which part or proportion of the mort-
gage claim had been transferred and assigned over to the Respondent, by an act
dated the 28th of July 1837, and registered in Saint Lucia.
The mortgage claim of the Demoiselles de Croiseuil, thus partially assigned to
the Respondent, arose by virtue of a Judgment of the Court of Seneschal, at Saint
Lucia, rendered in their favour against the heirs of one Auguste Hosten, deceased,
on the 8th of May 1827, whereby the heirs of Hosten were condemned to pay the
Demoiselles de Croiseuil 78,125 livres.
On the 1st of April 1829, the heirs of Hosten sold the estate of Anse Canot, to
Auguste Philippe, who purchased it as well for himself as on account of the Dame
Rose Gramir, the wife of Jacques do Ruand. On the 26th and 30th of May 1837,
Philippe sold his half of the estate to Jacques de Ruafnd; and on the 18th of April
following, Ruand and his wife sold the estate to the Appellant.
By an Order in Council, of the 15th of January 1829, it was ordered, amongst
other things, that all persons who, at the time of the promulgation of such Order
within the Island, should have a claim to have any mortgage, lien, charge, or in-
cumbrance, upon any immoveable property or slaves situate or being in [71] the
Island, should, in manner thereinafter mentioned, enrol an abstract thereof at the
* Present: Lord Langdale, Mr. Baron Parke, the Right Hon. Dr. Lushington,
and the Right Hon. T. Pemberton Leigh.
V MOOR E, 69](ViewImageLocal?handle=hein.slavery/ssactsengr0217&div=1&collection=&method=preview&ext=.png&size=3)