Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1845-09-27


COPELAND ~ MCKEE EFT AL
AppeaI from the Ccuft Of III" Thir'
District, for the parish IF West FeIlci-
ana, The parish Judge presiding.
Andrews e. Muse for the plaintiff and ap.
pelleo,
Turner, RI a. n. og len, and Thorn
AZ. FIR The defendants.
Morphy, Judge, delivered The opinion Of thf
Court.
This acttab 10 brought 10 annul and oct a
side q ealezaileued TO have been extorted fror
plaintiff by threats and ~violeaee nm the par
Of defendant, and to claim $4,000 in DANA
gess alahe petition charges, thar on the 9Th o
Apr 1896, plaintiff became a partner in =
ipht with the defendant in The owner
and cultivation Of . tract nf l0nd near thf
mouth afIed River, containing abap' niue
teen hundred acres, together with eleven
pIavos md NIL The improvements, stock, far
ming utensils, ehr, appertAininp TO Il onr
undecided half Of oil which property wac ron.
veved TO tho pctl'inner by defendants, by .
deed executed befnFe John II Dawson. the
partah Judge Of West Feltetana. That on
| The same day the defendant alsp sold 10 plain
IffT an undivided balf in the property Of Ger
tain other slaves and twoHbDfscs, Then employ
cd on and attached n The plantation, Tha'
these sales we're made 10 pufstlanre of . con
trart VI partnership ,aDteCedentiv agreed on
and accordingly defendant md plaintiff IN the
i character u partners Jointly aud alternately
in the absence Oi Que another, managed and
condurfed the plantation and slaves up to th"
24lb- Of December, 1895, when the defendant
/ without any preleHt u bad management or
/ proyOcaiipu on the part Of p~jal"tltf, but s0e'Y
whit the view 70 wrgst from hrn BY force and
violence bis Just uRhls ~ and to The said pro
perry, armed with deadly weapons, diTks aud
/ niFf0Lg, and ~ company Win others, parilcH-
iarkg Nth one Jlmrg B4gs, did seek. pursue
and find plaintiff nj the house If one Hamilton
Orr, IN The parish Of PDlnie Cpupee ! and
then and thore ~ a rudg, ti0ieht aud menu
cling naansr demanded Ut hm q RECESSION 81 the
sales Di the property held IN partnership be.
tween them, 10 which demand lie plaintiff
promptly rIfusrd 10 ucccds. That tb%ereupon
The satd Jamns T MfrkIe snppor"i bY ha
companions dreg hin ppsfol md Wth he snms
inficfed arreruL blot0g on Hchead NJ the pL in
HH, declaring hat IN ne event 81 further re-
ststaOce IT refusal 10 comply with hia de
maDd. hr tDouid EhOM han that plaintiff BE-
IlcgIng his iae 10 bs ~ danger from The
threats and actg e the aatd Mckie aud his
party, suffered himself 10 be taken withoat
reststatre across tho Misetssippi. into the
p1rph Of West Feitrlana, IN Inc direction
and course Of the plantation # one Fraufis
Routh that the party haflng plaintiff IL du-
re5a met with he sald Roo h aud pae JDHN
IARMATs,H, vine, rom tIterr rnmffks and
maurcr At once betrayed a perfeA nnder-
ainndin9 Of the treatment n"isafad against
the plaintiff lhat he vac then handed over
10 The gH}d ROuih and HAENAasna Who con,
ynyed him to the houec Of one Peggy Philips,
declaring that their object WA 10 Gorce him 10
surrendGr uU bis interest in de partnership 10
d~eud1nl; aud that # he would not 10 II VOL
unfairly 10 should he LYacnED fnfo il that
defendant ADD his PARTY finding that PERSIA,
ai1D was 81 no avail, tJoH tho petitioner Al
| soue distance from The house. aud here told
HIN ~ Il tone aud maBrsr ,admsttvo Of fnroe
and violence, not 10 bo miau8dersf9od, that
they 4 ere then prepared to deal with HIM ia
he might refuse or comply with the ~proposi~
,ton made to him for tYe laEt ftn1e to surren.
der 10 defendant all bjs interest IN The parl-
nership property. for $1,000 that the plaintiff
finding himself IL he pos or Of an armed par.
~, and conscious that resistance ~as u-c~
less, dSNbIt'Eh ~ bFtiy iHtlS ptDp'HE1 bthi
he was then conducted % he dwelling house
Of said KoUth, At a Int hour If he night, and
confined under the guard # JOHT Hartman
SON III a separate apartment until Il deed Of
conveyance for bis interest IN one bali Of he
property WAS prcJarcd, when he Was taken
INTO the pressure Of Judge Dawsnn for the
purpose Of signing HE saId deed, " hjch from
fur and terror the petitioner signed in the
night Of the 24Hi December, 1885.
The petition further charges that plaintiff
interest as partner ~ and 10 said plantation
and ~sIavea, ~ also one halt ~ the crop was
fully worth $4,000, On The 2ltt Of Deem
Der, 1885 and that zaij interest WIS thus
nrciblY, UioienAy and knaUishLy wrun2 and
extOried from Dlm tor The inadequate sum oi
$1,000, which trum fear and terror he was
constrained ~ receive but that since he has
mtde a tender TO defendant Of tb. 5000,
and demanded he re, ttuttUn Of his rights az
partner to tie said property, Or the payment
Of The said sum Of $4,000, with either Of
which demands the defendant has refused 10
comply.
The ans yer admita the rec0ngevance to de-
fendant Of plaintiffs inferesr 10 The partner.
slip property for $1,000 paid 10 him in de-
PENDANTS draft on the house Of Snipp, Fsrri.
day & Co, at Natchez, the proceedings Of
which the plaintiff received on the 5Eh OF
January, 1886. 1t ayers that said sum was
more than equaIto the value # such interest,
a. plaintiff never paid one cen, on account Of
he property soEl 70 hIa on the sh # April,
1885, aud u~var advanced any money towards
sgpporiing the expenses Of Inc plantation and
heroes the answer further ayers that de-
PENDANTS ASSOCIATION with plaintiff had be
come dGsagreeabte and IH-upD1staDIe To- tie
former, IN ~Bseq4eH n = report uUfa.arI,
lle TO The character and conduct n paint #,
which report he took 10 pans ~ investigate,
although ii had arquIsed currency IN their
ueighbnrtUod that By reason Of tins, resp1n-
dent soItcIrcd a set dement, Of their affitrs,
which 8 uIJed in aFeemYeg aure of The pro-
perry sod to him Bv- defendant the answer
denies that there was any force Or threats
used to obtain such reCpugeyaHCe, Or That
! any lender in law or in fac was ever made
] 10 defendant Of the $1,000. but that Oh the con
! frary plaintiff received and kept SAID sum,
/ thereby approaching and satisfying tie con-
tract and deprIyi0g himself 0! The right TO sue
+ for its RECESSION.
On these pieading5 he parties went to ri
al before d jury ho gave a VerdIet resrird
lng The sale ot the "A h 0. December. 1888,
and decreeing defendants 10 pay S8i54 tor
rents ard revenues arising rem The pianra-
ton, and tie additional sum Of 5000 for fur
Their damages. After a strenuous but unsuc-
+ cessfuI ef,rt to obtain a ne = trial he defend
ants appealed.
o. the meri's, plaintiff has substantially
F.. made out he case A. Sc. tortu IT. III, petition.
$500 .ro g--. F.-LE. g. o~ 1900