New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-10
THE COURTS.
Mrs. Gaines Aeaia in Court


| Frederick Ife1des Us. Mrs. Myra Clark
| Gaines 1t Will be remembered that plain.
! tiff brought suit in the Seventh District
! Court, a few days ago, against Mrs. Gaines
| for Sl50, paid by him to the defendant, as
/ consideration for q quit claim deed to lot
| of ground within the Iimite of fIrs. Gaines
| claims, embracing 1920 toises square of
| ground in the Second District of this city,
Defendant yesterday filed an answer sub
| stantially as follows: She admits that she
| executed the quit claim deed, but denies the
alleged fraud or error toward the plaintiff,
| and alleges that the deed was consented to
| and executed by her at the earnest and fire..
! Uuent solicitation of the plaintiff. Respon-
| dent further says, that so far from deceiving
or taking advantage of plaintiff, she is will
| ing to have said quit claim deed rescinded
| and annullad, and desires such RECESSION.
| She therefore says she is willing to return
| tie $50 paid and cancel the trade. Fellows
| & Mills attorneys for defendant.
| Sccaad District COurt-Successscn of F.
| w. Schmidt.
| Judge Duvigneaud yesterday delivered
| the following opinion:
| This is q petition Of the agent cf the
executors of deceased, in Hamburg, Claim
| ing TO be put in possession OF all the prop
eIty belonging to the estate OF F. ~.
! Schmidt, situated in this city, under tie
| testameutary executor.
Charles BaQuie, in his capacity AFORESAID
eycepts to the petition OF William L. VII
liams, the attorney in fact OF the deceased,
in Hamburg, on the groun that the petl-
tioner has no authority to br ing said acuon:
and that the petition disclose no cause Oh
action against this exception.
According to the prOCeet tlDgs IN tne
record, it appears that this sue cession Is not
yet liquidated, and it is still | under the
administration of the DAT i've e1ecu-
tor. Under such a case, the heirs alone
or other nersons entitled tn succession,
through their lawful agent be re. nave
right, according to Art. 1000. G. Pr TO oe
nand from the curator, or tes tamentary
executors, an account of their auiniiss
tration, and to be put into the 1ossesslol
of the estate.
g. foreign actor can only act in o, nrcouit
taking the oath of ofica srt of 1a5s No. $50
succession of Davis, IL 4. 3S9. ,,
When the succession will be finally. settie'
and lionidated tbe dafiva avecufc, her
NAV turn over to the ie1ecnters ia p 1rop
whatever Surplus he may have remsinil Y y
his hands. This doctrine is supporA ~
13 La, 293. In that case the estate wa
fully iiQuidatad, and the surplus has b &c
turned over to the foreign executor.
II is therefore ordered, adjudged AZ
ueCTetu mat the exception De malntaIDt
and the petition dismissed with costs.
seeOnd j Hdleial Dlstrsrs C0urt-Farlsh oi
Jcffersoa.
City Attorney J. r. Beckwith has brought
suit before Judge Pardee at Carrollton, on /
nine notes of $1,000 each, given to the city of
New Orleans for expenses in building GER
tain levees. Six of the first notes have been
prescribed, and the defendants plead this in
bar Of recovery. 10 the last three notes
they plead want of consideration, alleging
that they were given for expenses incurred
in the repair of levees which serve to pro-
tect ths city Of New Orleans as well as Car
roltoa,
Fnurth District Court.
J. ". 3. Depouilly and Adolph Lua1i ~.
The OQef'1 Association of NeD Oreans.-
In this case suit is brought for s9934 81, being
a balance alleged to be due for materials fur
nished for and work done in completing and
repairing the New Orleans Opera House.
Plaintiffs claim a lien and privilege on the
property. &. & ?. Robert, attorneys for
plaintiff.
The Powder Case.
Cty of Ne1 Orleaas, uS. J. II. HoMe.-
In this case in which Judge Thesrd recently
rendered o decision, declaring that the city
has the right to control the storage Of
powder within the limits of the parish of
Orlesns. an appeal was yesterday taken
to the Supreme Court, by Hoyle.