The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-02-11
The Rnttnre No. 8.

some notice of the great suit in chancery brought
by Of the heirs Of Madame Graver for the whole
Of it an gtobo. This famous suit belongs partly to
the Acts of the Apostles" and partly to the "Book
OF Revelations" and is sort of appendix to both
should not notice it at ALL il it had not been au
ded to in the Delta by some one who apparently |
takes some interest in the matter. If was going
TO purchase the Batture, or part OF 1T, the exls-
tence of such suit would make more difference
in the PRICE | should be willing to pay, than the
dream which some young lawyer should have that
he had made speculation out of it Of 100000.
The story is this The land on which part OF
the Second Municipality now stands, fronting the
river, was, in 1892, the property Of Madame Ber-
trand Gravier, whose family name was Deslondes
by bequest from her first husband. She made her
will before notary public and three witnesses and
on her DEATH in 1892, it was proved before the al
calde, Don Pedro de Marigny, and the assessor ST.
rano and was ordered to be executed. She left her
whole property to her surviving husband, Bertrand
Gravier, charged with debt OF $4,000 or $4,000,
due by her to the estate of her first husband, and
some legacies to her nephews, naming who were
her nearest relations. Gravior was, by judicial
Decree put in possession of all the property left by
her at her DEATH From that day to this Gravier
and his heirs and those who derived title to the Bat
ture from him them, have remained in undisturbed
possession. The descendants of the collateral rea-
tons of Madame Graver now sue for the whole of
the Batture, not one inch of which existed when
she died and their pretensions depend upon their
proving after lapse of nearly sixty years. that the
will was, in effect, forgery, that the testatrix
dead before twas completed, that the notary Pedes-
claux and three respectable witnesses, all dead
many years SINCE conspired with Gravier, the
viving husband cheat the heirs out of the estate
by getting up pretended will, and judgment con-
irming it and ordering it to be executed. The
claim now set up by of the heirs, residing in
France, was many years ago put into the hands of
Mr.. Mazureau, who, then in the zenith Of his fame
as jurst and the full vigor of his powers, never
ventured to institute suit A long negotiation en-
sued with the City Council about fifteen years ago,
with view to a compromise. But committee, Of
which the present Recorder Baldwin was chairman
made report wholly unfavorable to the preten-
SONS ofthe heirs, and in mastery manner, demon
strated that the heirs of Madame Gravier had no
rights whatever, Among other proofs then brought
to light, the fact that one of the relatives claim
ing to be an heir, to wit George Desondes, had
actually received his legacy of $1,000 under the will
other heirs, who had never set up any pretensions
to the property, adverse to the WILL had probably
received theirs, and are presumed to have done so
Nothing more was heard of this claim and the
pretended title until about eighteen months ago
when one Of the descendants of Madame Gravier
filed her bill in chancery in the Circuit Court, claim
ing her share of the Batture and demanding par
tition Efforts were made to come to a compromise
with the Municipality, and so confident were the
heirs of Livingston and Gravier that there was some
secret understanding, that they actually interviewed
in the case, and alleged that the plaintiff in that case
and the Second Municipality, were acting in colu-
sion. To this Intervention, an answer was filed de-
nyiug the colusion and setting up the claims of the
City under the act of Goth September, 1920 will
not aude to what occurred afterwards Its enough
to say that an amended bill was finally filed, and
has been fully answered and the case now stands
for proof and will probably be tried at the next
term of the Circuit Court. 1t is probable that the
contest will be terminated before sale can he ef
fected under the authority OF the Legislature At
all events, such sale will not affect the rights of
the heirs, and the whole will be still open for COM
promise, if found desirable and for the interest of all
concerned. But it is quite clear that the complain
ant cannot succeed without proving that more than
half a century ago Bertrand Gravier, Pedesclaux,
Don Pedro de Marigny, and three respectable wit
nesses to the testament engaged in foul and wick.
ed conspiracy to defraud the heirs of Madame Ora
vier. All those are long since in their graves,
and enjoyed during life the reputation of honest
men. The decree of the Spanish tribunal has never
been inpeaehed and the faith of that decree rests
the title to nearly all the property back of the Bat
ture, in the Second Municipality
! Itis now generally conceded that the Batture
belongs to the public, and was abandoned by a
valid contract for the perpetual use of the public,
according to its peculiar destination Such is the
decision of the Supreme Court in the case of De-
abigarre. 1t is equally agreed by ALL that the Bat
ture has increased to an extent which renders it
perfect nuisance; and the court has decided that
the sovereign alone can change its destination and
restore to the mass of propertyin commerce, to be
built on and improved.
The sale of lots, according to the plan of Mr..
Dunbar, in 1916 and approved unanimously by the
Council, would probably produce two millions Of
dollars. This fund, appropriated as has been sug-
gesed, would diminish very considerably the city
debt, and would greatly alleviate the heavy burdens
Of taxation, so much and so Justly complained of at
this time II those who have adverse claims really
desire to bring those controversies to an end let
them permit the sale and lay claim to the proceeds
test their right, by enioinng the sale authorized
by the State, that the courts may decide upon
all the conflicting claims at once The great pri-
mary object is to get rid of this expensive and trou-
blesome incumbrance, and the disposition of the
fund is of less Importance But as the whole has
teen reclaimed at the expense of the city, it is but
just That great portion at least should 90 to the
city in liquidation of its debt Equity requires
also, that those who own property fronting on New
Levee street, and who either parties to the
dedication, or purchased from them should be COM
pensated for the deterioration of their property
which would result from being thrown back from
the front street.
appears then clear, that the Legislature, repre-
senhng the sovereign authority of the State, has
alone right say what part of the soil within its
limits shall remain open to public use, and what
part public utility longer requires for that pur-
| pose that those who dedicated the Batture, the
levee and the streets, have no longer any interest
in the question, having abandoned them to the pub
lie, for adequate consideration without stipulat-
ing for any reverson for themselves in any contin-
gency That public utility requires that the Legis-
ature shall nterpose its authority is equally mani
fest tits one of those questions which cannot as.
sumo party color, but is calculated to engage the
| support of every citizen of New Orleans, without
regard to party, because the measure suggested is
calculated, in an eminent degree, to azure to the
relief of the city. B.