Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1842-07-23
STATE OF LOUISIANA.
Third District Court--Parish Of East
Baton Rouge.

D. H. p, y;s :, >, No. 1853.
Monday, June Fl, 1912.
The City Bank having a recorded judgment
against d. H. Penny, proceeded to obtain sa-
tisfaction by suing out an execution against
his property, which being levied on a tract of
land In his possession, was enjoined by the
plaintiff, on the ground that she had a higher
privilege on the land seized than the CITY
Bank. for restitution of her paraphernalia,
received by her husband this Injunction was
improvidentfy issued and must be dissolved,
because if il were even true, that the land seiz-
ed was burthened with a. privilege in favor Of
plaintiff, of a superior nature, she is without
authority in law to prevent the sale, since she
could claim the application of the proceeds to
pay her debt in the event of q sale, and be-
cause no date is given to the receipt by the
husband Of the sum Of FIVE thousand dollars,
in virtue of which plaintiff claims a legal
mortgage on his real estate, the proof being,
"That David II. Penny did receive Five thou
sand dollars or thereahout, the separate pro-
perty of plaintiff, inherited from Robert Scott
and James Wiley Scott" without stating when.
In this suit the plaintiff also demands a
separation of property against her husband
David IL. Penny the restitution of her sepa-
rate property, and the free administration
thereof, on the grounds of disorder and mis-
Management of his affairs : a judgment by de-
fault was regularly taken against the defend
ant, and three Judicial days having elapsed
tlierefrom, when the cause vas taken up for
trial with the Bank, ON motion, the counsel
for plaintiff was allowed to proceed with his
proof, to make the same final; the proof do
.euInentary and parole shows that the follow
ing named slaves, TO vat Ebb, Billy, John,
Allen, BOB, Joe, Jimmy, Willis, Ralph, Patsy,
Lewis, Gnyon, Minerva, Martha, Mary, Little
Mary, Amelia, Eli, Simon, Lafayette, Eliza,
and Maria, are the separate property Of plain
tilt. 1t is also in proof by two witnesses, that
defendant received Five thousand dollars in
cash, the separate property of plaintiff, and
the embarrassment of defendants pecaniary
affairs is clearly established; it is therefore
ordered, adjudged, and aecreed, that the in
junction granted in this case be dissolved at
the cost of the plaintiff, and that the sheriff
proceed to the sale of the land seized in the
suit of the City Bank, as the law directs. II
is further ordered. ~adiudged, and decreeS, that
the default of plaintiff against the defendant
be made final; that she recover and be put in
possession Of the slaves named in this decree,
as her own individual property: that she re-
cover Of defendant the sum of Five thousand
dollars, with a mortgage for the payment On
his real estate, from the date hereof, and it is
further ordered that plaintiff be separated in
property from the defendant, and that she re-
sumo the free administration of her own af-
fairs and property. The defendant to pay
the costs ofsuit against him-30th June, Is42.
Signed, ISAAC JOHNSON,
Judge 81 District.
Icertify the foregoing to be a true copy Of
the original judgment Of record in my Office.
J.. @. A. HOLT,
july is 20 Deputy Clerk.