
    H. Pedesclaux v. John Diennis.
    A title derived from a judgment of court is not required to be registered under the act of 80th March, 1827, creating the office of register of conveyances for New Orleans.
    APPEAL from the Fifth District Court of New Orleans, Buchanan, J. The judge of the district court decided as follows: “ This is a petitoiy action. The plaintiff claims, by virtue of several mesne conveyances, under one Sarah Jacobs, whose title is a judgment of the late District Court of the First Judicial District of the State of Louisiana, rendered on the 26th June, 1834, in the suit of Sarah Jacobs v. John Marks, her husband.
    “ The defendant claims, by several mesne conveyances, under one Anna Davis, whose title is a sheriff’s sale made on the 22d June, 1844, in execution of a judgment of the late Parish Court of New Orleans, in the suit of Anna Davis v. John Marks, her husband.
    “It appears from the evidence that the property belonged, previous to 1834, to one John Marks, who was separated of bed and board from his first wife, 
      Sarah Jacobs, by a decree of the district court. That court referred the parties to a notary for a partition; and by a judgment homologating the partition, the locus in quo was adjudged to Mrs. Sarah Jacobs, as above stated, in 1834.
    “ But John Marks having subsequently contracted a second marriage with one Anna Davis, this second wife sued him for separation of properly, and in execution of her judgment seized this property in 1844 as being still the property of her husband, although it had been decreed to Marks’ first wife, ten years before, and was then actually in possession of Léon Hart, the vendor of the present plaintiff, by a conveyance duly registered in 1836, or eight years previous to the sheriff’s sale in question.
    “The only ground on which the plaintiff’s claim is resisted is, that the title of Sarah Jacobs was never registered in the office of the register of conveyances.
    “ In my opinion that title, being by a judgment of court, does not come within the term “ acts of transfer” contained in the first section of the statute creating the office of register of conveyances, approved March 20th, 1827; and consequently, that the penalty of nullity, as to third persons in case of non-registry, contained in the section fifth of the same statute does not apply to this case.
    “ It is therefore adjudged and decreed, that plaintiff is the legitimate and sole owner of the property described in the petition, being lots 33, 34 and 35 in suburb Pontchartrain, according to a plan of said suberb made by Jancssc, surveyor, dated June 5th, 1809; and that defendant pay costs.
    “ It is further decreed, that the defendant have judgment against Eulalie Galles, as his warrantor, for the restitution of the price by him paid to his said warrantor, being three hundred and sixty dollars cash, and two promissory notes, one for the sum of three hundred and twenty-five dollars, and the other for the sum of thirty-five dollars, dated the 14th May, 1849, and payable one year after date, and also for the costs of this suit.
    “ And it is further decreed, that Eulalie Galles recover of her warrantor, Anna Davis, widow of John D. Marks, one hundred and fifty dollars, with costs of suit.”
    
      Maurian, ex parte, for plaintiff.
   The judgment of the court was pronounced by

Rost, J.

For the reasons given by the district judge, it is ordered that the judgment in this case be affirmed, with costs.  