Johnson v. Weld

Citations

• 8 La. Ann. 126

Syllabus

<p>Plaintiff claims from defendant a slave, through his wife, sole heir of H>'ederic Ch/ristian. Defendant sets up title through his wife, neice of Christian—to whom, he alleges, Christian donated the slave —and he pleads res judicata. In Tennessee one Wheaton had the slave in possession, and Weld the present defendant, brought an action of replevin for the slave. Wheaton had hired the slave from Christian's executor. Weld bonded the slave, and took him into possession. The executor of Ohi-isUcm then brought an action of -replevin against Weld, and by legal process obtained possession of the slave, and returned him to the possession of Wheaton.* The matter at issue between the parties was, whether the slave had been given by Christian, during his life, to Weld's wife. Held: In Tennessee slaves are personal property, and can only be claimed from the executor. The proper party in interest in Tennessee was, substantially, the party litigant in relation to the title of the slave—and the plaintiff in this suit, acquiring title through him (the executor), ought to be bound by a judgment rendered against the executor as owner. Throughout these proceedings in Tennessee, the executor was a privy to Wheaton, he being a mere baillee and nominal party. This privity in estate binds the party by the judgment as effectually as if he had been a technical party to the record.</p> <p>The article 2265 of the Code, and others of the same section, must not be considered as a strict, arbitrary and technical enactment, but as one declaratory of the conditions of the res judicata as a principle of jurisprudence.</p> <p>These conditions of the res judicata, established in order to ensure the ends of justice, have been received in the jurisprudence of the civil law in the light most favorable to attain them. The effect of the res judicata is, consequently, held to extend to the successors of the ayans cause, the assignees of the parties and to all those who claim through them.</p>