17 La. 589 | La. | 1841
delivered the opinion of the court.
This is an appeal from a judgment rendered on an intervention of Vaulx and Butler, residents of Tennessee, who claim as trustees 138 bales of cotton, attached in this suit as the property of defendants. Judgment was given in favor of the plaintiffs and the intervenors appealed.
They claim under a deed of trust executed in Tennessee by defendants for the benefit of their creditors; by this instrument bearing date the 3d of April, 1840, the defendants convey, make over, assign, &c., to Vaulx and Butler certain property therein described, and among the rest, “ 138 hales of cotton and
There is, besides, in this assignment a feature which would make us doubt of its validity even by the laws of the country where it was made. It does not purport to convey all the property of the defendants, although they profess to make the transfer for the discharge of all their debts. The property assigned is specified, but no declaration is made that the assignors possess no other; on the contrary one of the clauses of the deed discloses the existence of a valuable tract of land not mentioned in it, and in which A. Patton, [593] one of the assignors, had at least a residuary interest. See Graves & al. v. Roy, 13 La. Reports, 456 ; See also the authorities there quoted.
The judgment of the district court is, therefore, affirmed with costs.