John McKinley

“ If the action properly lay upon the deed of trust, to which there appears to have been no objection made, it was proper that the notes, which were included in the deed and made a part of it, should have been read to the jury. The third and only remaining exception is, to the offer on the part of the defendant to prove, under the plea of general denial, a violation of the contract sued on, by the plaintiffs, before the commencement of the suit; and a failure, on their part, to comply with its stipulations. This evidence was objected to by the plaintiffs, and excluded from the jury by the Court. ”

“ There is a material difference between the laws of New York and those of Louisiana, in relation to the dignity of the instrument sued on, in the Court below. Contracts made before a notary and two witnesses, called authentic acts, are by the laws of the latter state elevated above all others. A contract under seal does not appear to be of greater dignity there than one without seal. And those who sue in their Courts must abide the consequences of these rules. The validity and interpretation of contracts are to be governed by the laws of the country where they are made ”