Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-03-18
WAsuIroroN. Maroh ii, 1861

WAsHINofoH, March Id, 1861.
This important canse was decided BY the Uni.
ted States Supreme Court 70 day. Involving
as il does the title to vast amount Of property
10 Lsnisiana and elseFhere, the suit has been
for some care past o OF great public no.
toriety and lnterest. " is known that her pre-
tensions as heir as-IaW Of Daniel Clark, after
long litigation, were disposed of adversely 20
her In 1852, by the decision reported Ia l2 How.
ard Since then abe has caused the last will OF
CLARK to be probated In the Supreme Court Of
Louisiana. By this will he acknowledged her
TO be his Legitimate and only daughters" con-
stituted her his universal legatee, and de-
yised to her his whole estate. This williw
made the basis Of q suit in the United States
j Circuit Court at New Orleans, In which she
claimed the real property belonging to Clarke
succession. 10 response 10 the suit the defeno'
ants made several objections, some OF mere
technical, and Others Of q Substantial character.
But the case may be said to rest upon four pfin'
cipRl points, to witt gm q e1lne,ali z
j 1. Defendants set up the decision in 18th
Howard as res judicata, or authority of the
thing decided. ual ~ .. va.
Q. They deny that she is the legitimate child
of Clark, or that he ever Acknowledged her as
such. 1s.iU ala 2Aa4aa ia. 3s3ni /.
3. They deny that Clark ever made q valid
will in her favor. o, snai49 ii.F by
A. That in case all the other defences are
untenable, the statute OF limitations (proscrip-
tiop) has barred all right of recovery. y
Upon these issues the parties went to trial In
, the Circuit Court. The complainant's bill was
j dismissed, and she appealed 4tai - -.
The case In the Supreme Court was fully die
' cussed on both sides, orally and BY printed
briefs, and with signal ability and skill, as was
} admitted by all who heard the argument. II
q was opened by Mr.. Perrin, of New Orleans, or
the 18th Of February, on behalf Of Mrs, Gaines
it was continued on the 18th by Mr.. Janin, alst
: of New Orleans, on behalf of that city, ant
% closed on the same day for the complaint b.
Mr.. Caleb Cushing, Of Massachusetts,. Iaa,
Alter the most attentive and mature consid
Z GRAFTON, the Court has decided all Of the obec
! tions against the defendants, reversed the de
n cree of the Circuit Court, and sent the cas-
back for the purpose Of taking an account OF th'
: rents and profits which will be realized by de.
fendants, received by them since the date OIL
their possession. -lrf M 80 ~
IL Associate Justice Wayne, in announcing th'
a. decision in the case Of Mrs. Gaines, said IL wa
a of long standing and heretofore of doubtful re-
!. cult. The record covered three thousand pages
and at least eight of the ten points had beer
. ruled by the Court with regard to II. At las
! it had been brought TO conclusion. The de-
\ ciaion was, that she was the only Legitimate
'e child Of Daniel Clark and his universal legates
n under his last will, and, as such, en-
4 titled to all the property, real and personal,
i which Mr.. Clark died possessed; and the defend
!, ant, Henning having purchased certain property
y with fuli notice of the nulity of the title unde
Z which he held, she Is entitled to recover imme-
diate possession Of it, with the rents and profits
Of The Court said measures would Of once be take
e to enforce the decree; and Justice Wayne said
!, in conclusion, the future writer Of the hstor
s Of jurisprudence would be obliged to registe
G this celebrated case as the most remarkable.
y From the nature of the controversy, tho posi-
"a tion of the defendants, and the obstinacy with
! which they have contested the claims of Mrf
70 Gaines, the matter may now well be considere'
: as finally and concluaively settled. Unless pub
8 lie information is very much OF fault, Mr.
u Gaines Is undoubtedly the richest woman o
: this side of tho Atlantic. and, If wealth coul
give it, ought to be the hsppiest. .aE