New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-20
THE COURTS.
Fourth District Court,

Ihe Loan ana PloOEe Association vs., M
A. Southworth.-The plaintiffs in this case
represented by Joseph H. Wilson, state ir
their petition that on the twenty y-third OF
June, 1869, they became the owners of a
certain promissory note for $525, drawn by
Charles +. Guion, secured by a mortgage
on a lot of ground situated in the square
bounded by St. Louis, Canal Carondelet
| Prieur and johnson streets, in this city,
The note not having been paid at maturity,
the lot was seized and sold to John Macau.
| ley for sos. On the examination of the
sale, the purchaser discovered that the GER
titicate of the Recorder of Mortgages, fur
nished to the Sheriff, showed that the prop
| erty was encountered with several mort
| cages exceeding the amount for which it
| was sold, dated anterior to the one under
| which the sale was made. Having discovered
| this fact, petitioner consented to the annul-
| ment of the sale.
| Petitioner represents that when the act
| of mortgage version referred to was passed,
| M. A. SOuthwOrth, then and now Recorder
| of Mortgages, furnished, at the request of
| the parties, a certificate stating that there
were no mortgages in the books standing
against the property, except one to secure
the drainage tax and general one resulting
from " tutOrship" of the minor, Marshall
Guion, and entirely omitted any mention of
recorded, as appears by his own certificate
furnished to the Sheriff Onthe eighth of Au-
gust, preparatory to the sale ON the ninth
instant.
Petitioners now say that the aforesaid
note was acquired by them on the security
OF the last mortgage. and that in conse-
quence of the error and negligence of M. A.
Southworth, the belief was created that the
payment was secured. They, therefore.
hot fbn Of !
his securities are responsible, in sOiido, for
all losses and damages through the error
and negligence of the Recorder to the fol-
lowing amounts:
|. The full amount Of note for $525 with
interest
= SIG 05 the amour: of sheriffs and
clerks costs in the case of the executory
process under which the lot was sold, and
$500 attorneys fees and special damages
sustained by petitioners. by reason of the
loss OF time, trouble and expense they have
been subjected to, amounting to Sl027 80, ex-
elusive Of interest and costs of this suit.
Petitioners pray that n. A. Southworth
and his sureties, j. Hawkins, William K.
Fish, NJ J. Carter, l.. A. sheldon, William
Bloomfield, +. Flood and D. Cronan be cited
and condemned in solido to pay the sum of
Sl027 30.
A Racy Divorce Suit.
Jenetra f. has brought suit in the Seventh
District Court against her husband, Robert,
for divorce. which is to free her from the
slken bonds of matrimony forever and q
day. 1t seems that the fair Jenetta "lOyed
not wisely but too WE'LL this GOV Adonis,
who, in an unhappy hour. wooed and won
her. TO her own lasting shame and sorrow.
1t seems that one George W. Sadler, First
a regular minister performed the ceremony
of making these twain one flesh" on the
eighth of January, 1870, the memorable
anniversary of that gal-lo-rious day when
General Packenham "walloped" General
McJackson and took New Orleans! The
marriage certificate is duly filed with the
petition, showing that the "twO" were
made "one," in the presence of "these
witnesses"
said contract of matrimony with the inten-
ton Of yielding to her husband all the dll-
ties that reason. religion and the law re-
quires, and that during their short residence
together, she did behave herself discreetly.
yielding obedience to the behests of her
husband, and rendered unto him such as
sistance. in the mMistering of the house
hold. as were incumbent on her
That the defendant herein entered into
this contract of marriage with fraudulent
purpose, and that his conduct after mar
riage was entirely inconsistent with and
subversive of the matrimonial relation
Petitioner AYERS that the defendant, well
knowing the fact that he-was untitled for
the marriage state,l abandoned her, leaving
her no means of subsistence, and that his
conduct in this respect renders their liv
ing together insuppOrtable.
She also AYERS that defendant has in
suited her, abused her person, abandoned
her penniless to the world, and that their
characters are incompatible, their dispo-
sitions irreconcilable, and that his conduct
is so repugnant to the marriage relation as
permanently to destroy her happiness.
Petitioner says that the defendant has
left the parish, and she is ignorant of his
present residence. She asks that curator
ad hoe be appointed to defend him in this
suit. Judge Collins appointed the curator
as prayed for.