The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-04

| State Lottery, condemniDg Col. Dave c.
| Johnston to twenty four hours Imprisonment for
| contempt. What Judge Cooley will do when the
counter case comes up. on the institution of which
/ IN the Sixth District Court Judge Aeaumonts de-
cision Is bsssd, remains TO be seen. lt is very
| pretty quarrel il stands. Mr.. Howard may
ana much frequspted hotel, or Col. Dave John
ston may be furnished accommodation gratis every
week or so until the Supreme Court give their fat
on the entire matter.
UxlTED STATES CIRCUIT CouRr-In Ctance,-t.
Oekes Ames vs. A. s. Mansfield vt al. The bill
of complaint of Oaies AEes, of AMassachusetts
alleges: That on or about I'D Jsauary, 1857, by
an iDsfl ument in writing, signed fby said A. s.
Mansfield and your orator. and sJbsequently by
Peter Bufler, Mansfield contracted I'd sell, among
other things to your oretor, half Of the steam
boat r. q. lee, one.third Of the ateamboat Ma
geDte, and one-eighth Of the STEAMBOAT Grey
Eagle. for the sum of s2S0,0c0s which were
paid the eeid Mansfield BY the allowance Of a
credit for that amount upon large Indebtedness
OF said Mansfield ard Butler 10 solido, to your
orator, exceeding the sun of 5000, 900. By
aforesaid instrument Mansfela contracted to place
the title papers for such interest in said steam
Us of your orator. That Mansfield, at the Store
said cate of said instrument Informed your orator
that the r. E. Lee was enrolled at the CUSTOM
house OF New Orleans, IN the sole name of said
John W. Cannon, but that said Cannon held the
one 1ndivided-half as agent for Mansfield That
said Cannon rendered account Of expenses ana
earnings Of said steamboat X. z. Lee TO said
Mansfield and recognized Mansfield as one-haIf
owner. mat Mansfield refuses 20 comply with
terms OF written instrument aforesaid That
for the purpose OF defrsudiug your orator of
ownership. said Mansfield prevailed upon said
cannon TO execute and deliver TO him three notss
OF sZoOOO each, payable to the order of said Can
non. 5nt that Mansfield falsely and frauduIenty
pretends that said notes were given by Cannon to
him in payment for his interest in said steamer.
and That said Cannon pretenda that he cannot be
nQllaA n holf ~ a. n
Lee either TO Mansfield or your orator until said
notes are cancelled or delivered up to him said
Cannon that said Cannon pfsteDds that al the
TINE he executed said notes, he had DO notice
and was not advised Of the sale OF the said half
OF the X. E. Lee that Mansfield fraudulently
obtained said notes from said Cannon for the
purpose OF defeating your orators right to half
OF said steamboat Robert z. Lee; that said
Mansfield refuses TO surrender said notes
TO your orator or said. Cannon, unless he
IS PAID large sum in ready money in
adolton TO the price already paid for said one
half oil X r. Lee. and unless your orator will also
Tellnquish large amount of his remaining demand
and deb. against said Mansfield g. Butler. That
your orator fears that said Mansfield may place
said notes beyond the jurisdiction Of the court:
wherefore be prays for appointment Of receiver,
who shall seize aud hold said notes. subject 10 the
order Of the court in the premises.
lour orator prays that said Mansdeld Il Cannon
be decreed TO convey TO your orator formal title
OF one undivided half of the said steamboat Robert
-
Mansfield be restrained by writ of injunction from
parting with or negotiating said notes, etc. Race.
Foster d L. T. Merrick, solicitors
Ise separate answer Of Jno. W. Cannon al
eges That be had no knowledge of the deal
Dgs of his eodefendant and complainant and
Peter Butler, nor of the written agreement:
hat be does not continue TO render an account of
earnings and expenses TO Mansfield; that the said
boat cost about $2l2 600; that Mansfield con-
fributed only 100000, for which the three notes
aforesaid were executed and given by respond
eDt that II was contemplated that said Mansfield
WOULD furnish one-haf of the means necessary
Tor ouieing said boat that he failed to do SO;
nat during fall OF 1867 a disagreement occurred
between respondent and Mansfield concerning the
management and business Of said boat the result
)f which was, that in Nov. '57, it was agreed he-
'istfsreif me 800 eco contributed as aforesaid,
lpOn time, and that respondent should be and be.
come the real owner etc. II. 4 u. Marr, solicitors.
The following is the decree rendered yesterday:
This cause having been this day submitted TO
he court on the bill, answer and pleadings, and
be offer OF complainant to surrender TO the de-
endant, John W. Cannon, the three promissory
lotes in the bill and answer referred 10 and de-
cr1bed, and acceptance of the same By said de-
endant snd the consent Of the parties appearing
4 record, and the court having duly considered
he same, and further considering thet the legal
tile 10 the steamboat Robert Il. Lee is now and
las been, continuously, from the time she was
'uit IN said John W. Cannon; and that the inter-
st of Asabel s. Mansfield in said boat was merely
quitable, and that he had, by the contract and
oDveyance in the bill mentioned. bearing date
he 23d day OF January, 1861, for q good and valu-
be consideration, divested hlmself of whatever
lgbt or title he may have bad in and to said boat
D favor OF complainant Oskes Ames; and that at
be date OF the fling of said bill, said Mansfield had
% reht or title whatever in aud to said boat, and
be bill having been taken pro c0nfessc as TO him,
Id 1t appearing, to the satisfaction o. the court,
hat the compi4insnt, Oakes Ames, is, in equity
Dd good conscience, entitled TO the one.half Of
be steamboat Robert Z. Lee.r
II is therefore ordered, adjudged end decreed
bat the said John w. Cannon accept the surren-
er OF the said three promissory notes rendered to
m by complainant, end that he execute and de-
yer TO complainant good and sufficient convey
nee to the one undivided half Of the said steam
Oat Robert Z. Lee, Of the date Of said contract
nd conveyance by said Mansfield, viz: the Esd Of
anuary, 1867.
And 1t is further ordered and decreed that ex-
cution issue TO enforce this decree, after ten
ays, II said conveyance be not made within that
me, or If this decree be not otherwise satisfied
ad That neither party recover any costs Of suit.
.