Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1842-07-16
STATE OF LOUISIANA.
District Gouft--Parish Of East
Baton Rouge.

VS. Emo. slsa.
D. HaPenny ct al.
Monday, June ~, is42.
Mine CITY Bank having a recorded Judgment
aga1pst2p n. Penny, proceeded to obtain sa-
usfactfon by suing ovt an execution against
ms property, which being levied on a tract OF
land IN his possession, was enioined by the
plaintiff, on the ground thatAshe had a higher
privilege On The land seized than the CITY
BHafk, for restitution of her paraphernalia
resolved by her husband this injunction was
improyidently issued and must be dissolved,
because If It were even true, that the land seiz-
ed was btrthened with a privilege IN favor of
plaintiff, of a superior nature, she is without
asa1oHHy 4naaw TO prevent the sale, since she
could claim the application Of the proceeds to
pay her debt in the event of a sale, and be-
cause no date is given TO the receipt by the
husband of the sum of five t,hsasana dollars.
in virtue of which plaintiff claims a legal
mortgage on his real estate, the proof being,
"That David IL. Penny lid receive Five thou
sand dollars or thereahout, the separate pro-
perty of plaintiff, inherited from Robert Scott
and James Wiley Scott witheutstating when,
In this suit the plaintiff also demands a
separation OF property against her husband
David II. PeHFay'; the restitution of her sepa-
rate property. and the free administration
thereof, on the grounds of disorder and mis-
nanageneatsed his affairs; a Judgment by de-
fault was regularly taken against the defend
ant, and three judicial days having elapsed
therefFam, when the cause was taken up for
trial with the Bank, on motion, the counsel
for plaintiff was allowed to proceed with his
proef, TO make the same final; the proof do
and parole shows that the follow
ing named slaves, to wit: Ebb, Billy. John,
Allan Hnh Hos J,nry UT;II,a f-JI -.
Lewis, Guyon, Minerva, Martha, Mary, Little
Mary, Amelia, Eli, Simon, LAFAYETTE, Eliza,
and Maria, are the separate property Of plain
Ill. II Is also in proof by two Witnesses, that
received Five thousand dollars in
cash., the separate property Of plaintiff, and
the embarrassment, of defendants pecuniary
affairs is clearly established; it is therefore
ordered, adjuaged, and decreed, that the in.
junction granted in this case be dissolved at
The cost of the plaintiff, and .ss-s the sheriff
to the sale of the land seized in the
suit .ofthe City Bank, as the Law di=sets, L
further ordered, adjpdged, and decresa, that
he default Of plaintiff against the defendant
'e made final ; that she recover and be put in
of the slaves named IN this decree,
IS her own individual property that she re-
over OF defendant the sum Of Five thousand
loilars, with a mortgage for the payment on
Us real estate .-c.. ..a..s date hereof, and it is
ar'ner ordered ~. .n 70 saoarated II
from the defendant, and that she reg
ume the free administration of her az
and property. The defendant TO pay
he costs ofsuit against hiln.-S0ih June, 1912.
Signed, ISAAC JOHNSON,
Judge Sd District.
! certify the foregoing to be a true o Of
.e original judgmerto Of record in my Office,
]. @. A. IfGIT,
July a6 rs Deputy. Clsri.