The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-05-03
DAILY CRESCENT.
Decision in the Gaines Case.

Many of our readers al this time, will doubtless be
glad to get transcript of the following document:
SUPREME COURT OF THE UNITED STATES
DECEMBER TERM, l847.
Charts Patterson. .4ppt. vs. Edmund F; Games and
cult Court of the United States for the Eastern District of
This appeal having been heard by this Court upon the
transcript Of the record from the Circuit Court OF the United
States for the Eastern District Of Louisiana and upon the
arguments Of counsel as well for the appellant as Tor the
peiees this Court consideration of the premises doth
said Circuit Cont and the hereby reversed with
costs and that such other decree IN the premises be passed
Is hereinafter ordered and decreed.
And as this Court theIeupon proceeding to such de-
cree m this the SAID Circuit Court ought TO have
audged and decTed and is hereby adudged and declared
upon the evidence in this cause that lawful marriage was
PePnsyya between ts same Danie CLARK, in the Bill
ana M me meno1ed and the Zune OF Zpme
Myra Clark now Myra CLARK Gaines and one of the com.
Clark his only legitimate child and HEN law and as such
and entitled all the rights Of such forced heir and this
g0 and emeG by the es Ps he
in his answer and supplemental and in the exhibits
the succession Of said Daniel Clark that the defendants
Richard Ret and Beverly Chew, at the time and times when
Of the said Daniel Clark and of the Attorneys in fact Of the
said Mary Clark, the bill and proceedings mentioned they
ant Patterson to be set up and sold at public auction
R se obj he ST. and on s ben ReE 5 s of s
the two lots therein described (Which two lots constitute
aosaid) had legal right authority whatever,
sell and dispose OF the same that the said sale at auction
previous sale auction wholly unauthorized and lille
GAL and are utterly null and void and that the defendant
Patterson the time and times when he purchased the
perry described and claimed by him aforesaid a from
and the residue from Eenne Menne the vendee Of said
CoIejoes himself, the vendee of the deendan)
actngs and dongs of said defendants the premises H.
legal null and void and that he ought to be deemed and
property in question with full that the said sale at
auction under pretended authority of the said defendants
and their said act OF sale to COrreloes illegal, null and
void and in fraud of the rights q the person or persons emit
And the Court doth further adudge order and Decree that
all the property claimed and held by the defendant Patterson
aforesaid, remains unaened and undisposed Of as
part and parcel of succession of the said Daniel Clark
such sales at auction and act OF sale IN the
pretended right or under the authority OF the defendants
And the Court doth further sdudse order and decree that
the complainant Mya Clark Gaines sjusy entitled, as the
only oced heir Of said Daniel Clark to her legitimate posi-
the Claimed BY the sn Pat
erson as aforesaid duly par9ned apportlones and aelv
yearly rents and profits accuing from the since the
same came ne the SAID possession and for which
account to the said complainant.
And the Court doth here remand this to the
Circuit Court for snch further proceedings be proper
and necessary to carry into effect the following directions
TO cause the said defendant Patterson forthwith to sur
render all the property so claimed and held by him as atoe
tee as the said Court may appoint for the purpose whose
duty shall be- under the directions of the Court manage
the said property 10 the best advantage till the whole
and apporonment OF the said two portions (beng the said
four ths and fifth of said property, shall have been
the said Daniel Clark. and in the collect and
all the rents and profits OF the same and to
account and bring the into Court TO be there appoT
toned and paid part retained for further directions
z. To four ts OF the property claimed and held
by the defendant Patterson aforesaid, to be duly pa
toned appropriated and delivered paid over to the said
complainant and the residue subject the further
directions Tor the appropriation of the which either
shall be at liberty for and If the same be proved
and found ndtvsbe by its nature cannot
divided to be sold by public auction. after the
OF notice and advertisements, and be,
property of SUGGESTIONS and in Of such sale by auction:
appoon and pay tonrtth OF the net proceeds of
the SAID and the
subject to further directions as aforesaid.
D. To account to be taken by the officer of
the court and under the authority and directions OF the court
said property the OF the defen
ant Patterson and fourlts OF the be accounted
and paid said complainant aud the residue TO be retained
subject to such further directions aforesaid.
L. To give such directions and make such ORDERS from
time to time be and for into
effect the foregoing directions and for enforcing the due OBJ
OF the by the parties and the officers of the
court. January IL. 1888.
l. William Thomas Carroll, Clerk of the Supreme Court |
of the United States do hereby certify that the preceding
contain true copy Of the Decree OF said Supreme
Court. rendered SAID December Term eighteen
hundred and forty the remains the records
Of said court.
In testimony whereof, hereuno subscribe my name and
aix the seal OF SAID Supreme Court, this sixth day OF
April, A D. 184S
(SigneD Wm. THos. CARROLL,
Clerk OF the u. ), Supreme Court.