Decker's Ex's. v. Bradford's Heirs
Decker's Ex's. v. Bradford's Heirs
Opinion of the Court
delivered the opinion of the court. This action is brought on a judgment obtained in the tribunal of the governor of Baton Rouge, before the Americans took possession of that part of the country. The defendants resist the claim of the plaintiffs on two grounds.
1. That the judgment must be considered as a foreign one, and the court of this state have the power, and it is their duty, to inquire into the grounds on which it was rendered, and if this court do so, it will appear that the judgment was improperly rendered.
2. That the judgment is null for uncertainty.
I. This court is of opinion that judgments, rendered in this country, before the Americans took possession
II. If, however, it be not certain, the vice has not been cured by a change in the government.
The plaintiffs sued on an obligation for a specific sum, the price of a tract of land: the defendants were called upon to, and did, acknowledge it as the deed of their ancestor, but pleaded that one of the conditions of it to be performed by the plaintiffs’ testator had been broken; and the judgment of the governor is that “the claim of the plaintiffs appearing proven and just, and the allegations of the defendants appearing unfounded, it is just the plaintiffs should recover the sum due.” An alcalde is directed to compel the defendants to pay it with costs.
Farther, the judgment is perfectly legal. The laws of Spain invalidate judgments which do not express a certain sum, cantidad cierta, a menos que se remitte a los autos, y en ellos conste. Febrero de Juicio ordinario, n. 499.
The sum need not be expressed, if the judgment refers to the documents, autos, and thereby the amount appears, de ellos conste.
Here the judgment begins by informing us that by the documents, it appears that the sum claimed is due. Appareciendo por los documentos . . . ser legitimamente Don D. Bradfort deudor de la suma reclamada. It next declares the opposition of the defendant unfounded, and concludes that it is just he should pay the sum due,
Here is, therefore, a clear reference to the acts from which the sum is said to appear due. In examining the main document, the deed, which is the ground of the action, we find that the sum awarded appears thereby to be due.
The plaintiffs are clearly entitled to the benefit of their judgment, and the decree of the district court is affirmed with costs.
See Terry vs. Patton & ux. 301.
Reference
- Full Case Name
- DECKER'S EX's. v. BRADFORD'S HEIRS
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