John Archibald Campbell

Name: Jeter v. Hewitt — Opinion of the Court
Author: John Archibald Campbell

Summary

“Jeter v. Hewitt — Opinion of the Court”, is a work by John Archibald Campbell. It explores elements such as Jeter, sale and Ford.

Quotes from Jeter v. Hewitt — Opinion of the Court (John Archibald Campbell)

John Archibald Campbell, Jeter v. Hewitt — Opinion of the Court

“ In the mortgage to the Bank of Louisiana, Ford agrees not to alienate, deteriorate, or encumber, the property mortgaged, and confesses judgment for the sum of money to be paid. He renounces the benefit of the laws that require property seized on execution to be sold on credit or after appraisement, and agrees, that if the debt shall not be paid according to the tenor of the mortgage, then the banking company may obtain an order of seizure and sale, and sell the mortgaged premises and slaves by public auction, for cash, after an advertisement of thirty days. ”

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Source: Wikisource

John Archibald Campbell, Jeter v. Hewitt — Opinion of the Court

“ To this opposition Heron & Hewitt replied, that they were bona fide purchasers at a public sale by the sheriff of Ascension, under a writ from the court, without any knowledge of neglect, or illegality, or want of jurisdiction; that the opponent had sold her interest in the property, and was estopped to oppose the sale by her acts. They pleaded that the mortgage contained a confession of judgment, and no notice was necessary to any one to obtain a judgment; and assert there is no just cause to deny the homologation of the sales. ”

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Source: Wikisource

John Archibald Campbell, Jeter v. Hewitt — Opinion of the Court

“ No other evidence can afford strength to the presumption of truth it creates, and no argument can detract from its legal officacy.
The jurisdiction of the courts of the United States, in cases like the present, is derived exclusively from the fact that the parties are citizens of different States. The rights of these parties originate in the law of Louisiana, and must be ascertained by a reference to the principles adopted and administered by her constituted authorities. ”

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Source: Wikisource

John Archibald Campbell, Jeter v. Hewitt — Opinion of the Court

“ The judgment of the District Court homologating the sale concluded all parties except Mrs. Ford, who had filed opposition to the order. Subsequently the Supreme Court overruled her opposition, assigning as the reason that the sale was fair, the purchasers bona fide, and the opponent had no interest in the subject of contest. The plaintiff, whether we consider him as acting independently or in connection with Mrs. Ford, and under the 'guise of her name' and character, is affected by these orders. ”

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Source: Wikisource

John Archibald Campbell, Jeter v. Hewitt — Opinion of the Court

“ The general current of authorities, English and American, establishes the principle that a declaration in pais shall not work an estoppel, unless it appears affirmatively that it was intended that the party for or to whom it is made should act on the faith of it, and that he actually did so act, and will be prejudiced by the contrary assertion. ”

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Source: Wikisource

John Archibald Campbell, Jeter v. Hewitt — Opinion of the Court

“ III. The monition, proceedings, and judgment on them, are in the nature of proceedings in rem, and bind all the world, even those ignorant of their pendency-a fortiori, do they bind one who, like Jeter, was not only conusant, but was active in opposition.
The monition law of Louisiana (Acts 1834, p. 125, Revised Statutes, 1852, p. 425) is a wise and beneficial statute, and should be liberally construed. It was passed for the protection of innocent purchasers at sheriff's sales, and by the fourth section the court that issued the process had jurisdiction. ”

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Source: Wikisource

John Archibald Campbell, Jeter v. Hewitt — Opinion of the Court

“ As the judgment of this court turned upon the point that it was res judicata, only the arguments upon that subject will be reported.
The counsel for the plaintiff in error made the following points, amongst others:
VI. The validity of this title set up by the defendants is not res judicata, as maintained by counsel in the court below. The monition suit on which this pretension is founded could have no such effect, if the proceedings in the fifth District Court were a nullity. This seems clear upon principle. ”

John Archibald Campbell

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