
    No. 1297.
    Oliver P. Robinson vs. Mrs. Sarah B. Doherty and Stephen C. Doherty.
    The burden of proof is on defendant to show that the consideration of a promissory note was the price of a slave.
    APPEAL from the District Court, Parish of West Feliciana, Cooley, J.
    
    
      8. J. Powell, for plaintiff and appellee.
    
      W. D. Winter, and Collins & Lenice, for defendants and appellants.
   Hyman, C. J.

Stephen O. Doherty is appellant from a judgment condemning him to pay plaintiff the amount of his promissory note with interest.

The defence set up by him in his answer is, that the note was given to plaintiff for the price of a slave. That plaintiff warranted title in the slave, and that he, defendant, had been evicted of him by emancipation. There is no proof that the note was given for the price of a slave.

Let the judgment be affirmed at defendants’ cost.

Rehearing refused.  