
    MAGOFFIN VS. STRINGER ET AL.
    APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS.
    In the probate sale of a slave to pay the debts of a succession, where the executor expressly declares he does not warrant against any of the redhibitory vices or maladies prescribed by law, the purchaser cannot avail himself of the redhibitory vice in the slave of an habitual runaway, to avoid the sale and payment of the price, even if this fact was known to the owner in his lifetime, and not declared.
    T» the probate sale of a slave to pay the debts of a succession, where the executor de-clareshedoesnot warrant against any redhibitory vices or maladies prescribed by law, the purchaser cannot avail himself of the redhibitory vice in the slave of a habitual runaway, to avoid the sale and payment of the price, even if known^to 'the °;'feUme ánd not declared,
    
      This is an action on a promissory note given for the price of a slave, adjudicated to the defendant Stringer, at the probate sale of the succession of W. W. Wright, deceased.
    The executor made it publicly known that the slave was sold to pay the debts of the succession, and without warranty.
    The defendants, in avoidance of the sale and payment of their note, pleaded the redhibitory vice of a runaway in relation to the slave, which they aver he was affected with to the knowledge of the owner in his lifetime.
    There was judgment for the plaintiff, and the defendants appealed.
    
      Wharton and Castora, for the plaintiff.
    
      Lockett, contra.
    
   Rost, J.,

delivered the opinion of the court.

The defendants, sued as maker and endorser of a promissory note, for the price of a slave sold by order of the Court of Probates, as part of a succession to pay the debts thereof, pleaded that the slave was addicted to running away, in the lifetime and to the knowledge of the deceased, and that this circumstance was not made known at the time of the sale. There was a verdict and judgment against them, and they appealed.

The sale made by the executor, in conformity with the adjudication, stipulates expressly that he does not warrant against any of the vices, maladies and defects, prescribed by law. It is admitted that the slave was sold to pay the debts of the succession; and the fact that the deceased had knowledge of his redhibitory vices, cannot, if it was proved, affect the validity of the sale made by his executor after his death, without warranty. The judgment of the district court, and the verdict upon which it was given, were well founded in law, and the judge did not err in neglecting the testimony offered.

It is, therefore, ordered, adjudged and decreed, that (he judgment of the Parish Court be affirmed, with costs.  