New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-14

ADVERTISEMENT
uIsrORY OF THE GAINES CASE.
How the Matter Should be Settled.
szzs-.r-u.s.rs. .,-- - ---.=-.er-'--es
With . view to save portion of the
nroperty holders of the city from expen-
sive litigation, and probably heavy ultimate
loss, by quieting titles to their property,
and to save the city from further expensive
: litigation, it seems to one who feels deep
interest In the prosperity of the city that the
present is q favorable time, just on the reor-
ganization of the city government under the
new charter, to settle, il it can be done on
fair terms, the claims of Mrs. Myra Clark
Gaines, as heir and legatee OF Daniel Clark,
against property in the possession OF the
city, and Of persons to whom the city has
sold and stands as warrantor. SO far as those
claims have been adJudicated on and recog
nized by the Supreme Court OF the United
States.
the Supreme Court of the United States
will show that Mrs. Gaines title to certain
lots and land in the city, as heir and uni
versal legatee of Daniel Clark, has been
fully and finally settled in her favor. a
very large amount of other city property is
similarly situated to that covered by those
decisions, SO far as title is concerned.
Most of this other property has passed
through the hands of the city and been sold
to various persons by the city, and to Whom
the city is warrantor. Suits have been In.
stituted by Mrs. Gaines against several
hundred of those purchasers from the city,
and the city has been or will be called IN
warranty in all those cases.
A brief reference to those decisions OF the
Supreme Court, and to the other property
similarly situated in regard to titles to
that in litigation in those cases, will be I'M
portant to q proper understanding OF tne
On the twenty-seventh March. 1857, Mrs.
Gaines fled suit in the Circuit Court OF
the United States, against Duncan N. Hen
men and seventeen others, VINO were IN pro.
cession Of lots Of ground, composing part OF
the square bounded by Circus, Perdido.
Phillippi and Poydras streets. This case
was decided against Mrs. Gaines i'd the
Circuit Court, aud she took an appeal to the
Supreme Court of the United States, which
was finally deciding by that court in 1860,
reversing the decision of the Circuit Court,
and decided in favor Of Mrs. Gaines. Gee
"a Howard, $50. The decree amongst other
things ordered as follows:
And the court doth now here remand
this cause to the said Circuit Court for such
further proceedings as may be proper and
necessary to carry into effect the following
directions, that is to say:
/. To cause the said defendant, Hennen,
forthwith to surrender all the property so
claimed and held by him as aforesaid, into
the hands of the said Myra Clark Gaines, as
q part of the succession of Daniel Clark.
2. To cause an account to be taken by the
proper officers of the court, and under the
authority and direction of the court. of the
YEARLY rents and profits accrued and accru-
ing, from the said property, since the thir-
teenth OF May, 1874, when it came into
possession OF the defendant, Hennen, and
to cause the same to be accounted and paid
to the said Myra Clark Gaines; the account
to be taken subject to the laws of Louisiana
in cases Of such recovery as is now decreed
8, To give such directions and make such
orders from time to time as may be proper
and necessary for carrying into effect the
foregoing directions and for enforcing the
due observance of the same by all parties
and BY the officers of the court.
The substance of this decision is that the
property be delivered to Mrs. Gaines and that
She also recover the rents and revenues
thereof from the time it came into the pos.
session of Hennen on the thirteenth OF
May, 1874.
The decision as to the other seventeen
parties, VINO hold their property through
follow the decision in his case.
This square of ground belonged to the
succession of Daniel Clark, and was sold by
Ref d Chew "under pretended authority OF
testamentsry executors of the said Daniel
Clark and of attorneys in fact OF Mary
Clark" and by sundry subsequent convey
ances came into the possession OF the New
Orleans and Carrollton Railroad Company
on the twenty seventh Of May. 1886. See
ho
The New Orleans and Carrollton Railroad
Company sold a portion of this square, to
wit: One hundred and ninety-one and five
twelfths feet on Poydras street, by about
forty-two feet in depth, TO the Municipality
No. 2, on the fourteenth September, 1886,
which slip of ground has been converted
into market-house and street, and is now
held and used by the city as such. Under
the authority of the decision in the Hennen
cvse, there can be no doubt but that Mrs.
Gaines can recover this lot from the city,
with the rents and revenues thereof from
the fourteenth September, 1886.
On the twenty-second December, 1856,
Mrs. Gaines filed suit in the Circuit Court
of the United States against the city of New
Orleans, claiming that, as heir and legatee
Of Daniel Clark, she was the owner of the
tract OF land within the city OF New Orleans
bounded by the Bayou st. John, Canal Ca
rondelet, Dorgenois and Bellishasse streets,
containing about one hundred and thirty
five acres, and known as the Blanc tract, and
which las been divided by the city into
streets, squares and lots.
It was admitted in this suit, and the proof
fully sustains the admission, that this
tract of land belonged to the succession of
Daniel Clark; that Relf and Chew as pre-
tended executor Of his will of 1911, and as
attorneys in fact of Mary Clark, sold this
tract Of land to Evariste Blanc, on the thir.
tieth October, 1921 and said Blanc sold the
same to the city. ON the thirtieth July, 1884.
The city having sold the quarter portion
OF this land as city lots, before the institu-
ton of this suit, could only defend the same
as to five squares, Nos. 80. "a. Al. AZ and 46.
still held by the city, the city having sold
fortyseven squares, containing over one
thousand lots.
The decision of the Supreme Court of the
United States in this case, affirmed in every
point the previous decision of the same
court in the case VS.. Hennen, and decreed
the land claimed by Mrs. Gaines, then in
the possession of the city of New Orleans,
being the five squares above stated, to be
delivered to her. This decision was rem
dered in December, 1867.
The decision in this case will be interest
ing and satisfactory for any person who
takes an interest in the matter to read, so
give careful abstract from it:
EXTRACTS.
Supreme Court Ninth United States.-No
80, December Term lS67.-Myra CLARK
Gaines. VS.. the City of New Orlesns-Appeal
from the Circuit Court of the United
States for the Eastern District OF
Louisiana.-Mr. Justice Davis, deliv-
cred the opinion Of the court: 1t was
supposed after the 9cision in Gaines vs..
Hennen (24 Howard), that the litigation
pursued in one form and another for
yindicate her rights in the estate of her