New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-28
Reports from City Officers.

Ahc ioiio"uiS report from The CltV AttOr-
ney. omitted from the proceedings inthe mat
ter of the Livaudais compromise, at the last
meeting, was ordered to be printed:
OFFICE CRY ATTORNEY
New Orleans, july II, 1870. :
To tie Honorable the Mayor and Members of the
Cay Council:
the Mayor. | have carefully examined into
ali matters connected with the contem-
plated compromise between the heirs of
l-lvaudals and David ON the one part. and
the city Of New Orleans on the other. in
reference to the property on which Dryades
Market is situated
| found no difficulty in disposing of all
questions presenting themselves for con
sideration. except those in reference 70 the
right OF the minor heirs to dispose of their
interest III the real estate. and the validity
CT the title given by the parties represent
Ing tle deceased owners. L;vaudais and
David.
1t Is true that the title of the heirs to the
ground upon which the market is situated
Is not in dispute, for such title has been
confirmed to them by the Supreme Court in
a certain proceeding carried on contradicto-
rily with the city. and there being no dis
pute in relation to the title, the parting with
their interest in such real estate might be
regarded in the light of a sale rather than
IN that OF IA compromise. The claim of the
heirs, however is not limited to the land
alone, but extends to the rents and revenues
arising from the property while in possess
sion OF the city. This question of rents and
revenues is not. Ike the title a settled mat
ter but remains open for litigation between
the city and the heirs, and is not only of if
self legitimate subject of compromise but
IN ettecting an amicabie arrangement in re-
iatlon thereto, a conveyance OF title to the
ground may well be included as part Of
the transaction.
| regard not only the reimbursement bv
the heirs of their claim for rents and
revenues but also the transfer of their
right to the real estate. as legitimate sub
Jet matters OF compromise and being such,
the title OF the heirs TO the real estate will. |
IN my opinion, be fully transferred to the
city by the contemplated arrangement
To determine whether or not the title of |
the original owners, Livandais and David. |
was well conveyed to the city by the siyna- |
lures of the parties who have signed the
or In other words, whether or
not all the heirs, in legal form and manner.
made valid transfer of their interest in !
he property, involved q lengthy, laborous
md searching investigation of the several
INKS composing the Chain of title; and
90 nov hesitate to cay. from the
WHICH nave ufauP. the IlJic |
o the grounds is good and valid. and be.
toWs upon the city all the right and claim
hereto once held and owned by David and
-ivaudals, In addition will state that the
alidlty of TIE title has been endorsed bv
ne Judge OF the Fifth District Court of
his city. who has rendered Judgment per
mptorly commanding the CITY Attorney
D approve and the Mayor to sign the act Of
Ii is true that an appeal from
nat Judgment has been taken neyerthe-
SIS. am glad to know that my opinion as
} the validity of the title is in full accord
18th that of the learned Judge of the Fifth
istrct Court. The act of compromise is {
gned by all parties whose signatures are c
eeded to give it full force and effect, q
Ill the city has nothing now to
}. but to put the David and Livau-
us heirs in possession of the Dryades p
arhet according TO the stipulations con
med IN the act of compromise.
For future reference. | herewith encJos q
or abstract of title. taken by T
when making the investigation entrusted
my hands, and also n communication
'm Aessrs. RoseHus 4 Phillips, III which b