
    Stamps v. Marigny’s Attorney in Fact.
    Wliere the evidence sustained the judgment, and no amendment asked by the appellee, it was affirmed, with oosts.
    Appeal from the court of probates for the parish and city of New Orleans.
    The plaintiff claimed the sum of $12,002, from the estate of the late Prosper Marigny, for the balance of the price of a tract of land, and an account annexed for advances and supplies, sold and furnished to the decease,!, shortly before his death. The widow and heirs of Marigny and her second husband were made parties, and in their absence, they were cited through their attorney in fact H. B. Le Breton, who simply pleaded the general issue. After due proceedings and the production of a mass of evidence in support of the claim, the judge of probates gave judgment for $10,000 only with interest. The defendant appealed.
    
      Grima for the plaintiff.
    
      F. Lmergne contra.
   Mokpiiy, J.

delivered the opinion of the court.

The plaintiff claims of the estate of the late P. Marigny $12,005 44, with interest thereon at the rate of eight per cent, per annum; 10,605 20 of this-amount being for the price of a tract of land in Mississippi, which the deceased had purchased of him shortly before his death, and also $1400) 24, for sundries furnished and advances made to Mm as per a detailed account annexed to the petition.

The defendant, in Ms official capacity, filed a general denial. There was judgment below only for $10,000, with interest at the rate of eight per cent, per annum, from the respective maturities of five notes drawn by the deceased in favor of the petitioner. Defendant appealed.

The evidence spread on the record before us fully sustains the judg- [587], ment of the court of probates, and the appellee has not prayed, that it should be amended in any respect.

It is therefore affirmed with cost9.  