Peter Vivian Daniel

“ Art. 488. The party excepting to the opinion of the court must draw a bill of exceptions, in which the question of fact or of law, on which such opinion has been demanded, may be concisely set forth, as well as the grounds of the exception so taken. ”

“ It is true, that in order to countervail the force of this title, the petitioner offered in evidence the agreement between himself and Huston of the 20th of November, 1835, creating a partnership between themselves, and purporting to convey to Huston all the title of Poindexter to the right of entry granted by act of Congress to Thomas, to be disposed of and applied by Huston for the benefit of the partnership ”

“ Walk. (Miss.) , 97; Freem. Ch., 181; 8 La., 109; 13 Id., 132.
Third Point. The partnership agreement between Poindexter and Huston, referred to in defendant's bill of exceptions, was inadmissible evidence for the plaintiff Poindexter; because a mere secreted counter-letter, contradictory of Poindexter's recorded conveyance to Huston, under which Gilmer claims (13 La., 132) ; and because equally contradictory and inconsistent with the title which Poindexter sets forth in his petition, and wholly impertinent to the issue made in the pleadings. ”

“ It is a manifest and palpable error, that the court below refused to permit Gilmer, under his plea in reconvention, to prove the value of his improvements as a purchaser in good faith, and which good faith is a presumption of law in Louisiana. C. C., art. 3447; C. P., art. 375; 17 La., 183; 4 Id., 273; 8 Id., 119, 120.
Fifth Point. It is error patent upon the face of the record, and independent of the evidence in the cause, or of the bill of exception filed, that the court has given no judgment affecting the party cited in warranty. C. C., art. 2493, 2494; C. P., art. ”