Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1842-07-30
STATE OF LOUISIANA.
Third District Court--Parish of East
Baton Rouge.
h.'',1 !. Scott No. s,ss.

Monday, June III, 1872.
The City Bank having a recorded judgment
against D. II. 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 enjolned 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
iinprovidently issued and mNst be dissolved,
because if it 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 10 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 Fl. Penny did receive Five thou
sand dollars or ,hereabout, the separate pro-
perry 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 Ii. 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
therefrom, when the cause was taken up Tor
trial with the Bank, on motion, the counsel
fof plaintiff was allowed to proceed with his
proof, to make the same final; the proofdo-
cunhehtary and parole shows that the follow
ing named slaves, TO vii Ebb, Billy, John,
Allen, Bob, Joe, Jimmy, Willis, Ralph, Patsy,
Lewis, Guyon, Minerva, Martha, Mary, Little
Mary, Amelia, Ell, Simon, Lafayette, Eliza,
and Maria, are the separate property of plain
tiff. 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 Gefen ants pecuniary
affairs is clearly established; it is therefore
ordered, adjudged, and dscreed, 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. It
is further ordered, adjddged, and decreed, 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 at
fairs and property. The defendant 10 pay
the costs ofsuit against him.-30th June, 1912.
Signed, ISAAC JOHNSON,
Judge Sd District.
certify the foregoing to be a true copy Of
the original judgmento Of record in my Office.
J.. @. A. HOLT,
july l6 % Deputy Clerk.