New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-14
THE COURTS.
United States Circuit Court.

whereby the property having been decreet
in favor of plaintiff, the value of the IND
movements are to be allowed to defendants
The whole case involves large sum. Ii
the case of Frederick HOllander as one D
the defendants, which case came up to b
heard upon the exceptions to the master
report on the rents and profits chargeable t,
this defendant, it was ordered, adJudget
and decreed that the report OF the maste
in chancery, so far as it ascertalns thu
amount of the net rents, profits and reve
nues with which the said Frederick Hol
lander is chargeabe, with interest thereon
be confirmed, and that Frederick Hollandel
is chargeable in favor of complainant witt
the sum of $2499 %, with five per cent
interest thereon from the twentieth Of June
1870, until paid.
1t is further ordered that on payment by
defendant of the masters costs, he shall be
allowed to state in cOntravention the value
of the improvements made by him, showing
in writing the facts on which he bases his
claim, when the improvements were
erected and by whom Should the defend
ant fail in making the above statement
within thirty days from the date of this
order, he shall be considered as having
abandoned all claim for improvements, and
a writ of execution shall issue in the form
used in actions of assumpsit, for the amount
herein decreed in favor of complainant and
d L,
said and costs
But if the defendant make his claim as
aforesaid, then the master in chancery is
hereby directed to ascertain and state the
value of the improvements involved, esti-
mated at first cost and whether the de-
PENDANT is entitled by erection or purchase,
or other acquisition, to the benefit of the
same, upon all of which the master is
directed to report with all convenient
speed
And it is further ordered that, within
thirty days after the filing of the masters
report in the premises, the complainant, by
herself or agent, shall elect whether she
will or will not take the said improvements
at the value thereof as reported by the
master. And if she declines to take the
same, then it is ordered that the said de-
PENDANT leave or be required to remove the
same from the premises within a reason
able time to be fixed by the master in his
said report, and the complainant shall
have execution as aforesaid for the amount
decreed, with interest and costs.
But if the complainant elects to take the
said improvements at their said value, or
shall fail to file her election within thirty
days (which shall be deemed to be an cleo
ton to take the same). then she shall paw
for the same together with the cost of said
inquiry before the master, by deducting the
amount from the sum decreed to her as
aforesaid, or If more than said decree, by
paying the balance to the defendant in cash:
and either party in whose favor the balance
may be shall be entitled to an execution for
the collection thereof, which execution the
clerk of this court is authorized to issue.
In the cases of the several other parties
defendant. the same decree was rendered,
varying only in the amounts for which
judgment was given, as follows: John Dia-
mond in the sum of $l20l 95, with five per
cent interest from March Z, 1864, until paid;
William Creppel Sl7 1853 35, with five per
cent interest ON SIS, 1853 80 from June / 1870,
until paid; Isabella Jenkins $l2, SO2 so, with
five per cent interest on $I0,Sl2 so from
June |, 1870, until paid.
Myra Clark Gaines VS.. +. d. Delacroix
ct als.-ln obedience to the mandate of the
Supreme Court of the United States, filed
IN this court, reversing the decree of this
court rendered in this cause on the nine
teenth day of April, 1858, and remanding
said cause to this court, with instructions
to enter a decree for complainant, in con
formity with the opinion of said court-it
is now hereby ordered, adjudged and de-
creed that Myra Clark Gaines, complainant
in this cause, is the only legitimate child of
Daniel Clark in the said bill and proceed
ings mentioned, and as such was exclusively
invested with the character of such legiti- |
mate child and entitled to all the rights of |
the last will and testament of the said |
Daniel Clark, the said Myra Clark Gaines |
is the universal legatee of the said Daniel |
Clark, and as such is entitled to all the |
estate, whether real or personal, of which |
he, the said Daniel Clark, died possessed, |
subject only to the payment Of certain
legacies therein named.
And this court doth further order. adiudge |
and decree that all the slaves pretended to
have been purchased by the original defend
ant Francis Dusuan Delacroix, on the fifth
of October, 1918, and the eleventh of Deem
Der, 1913, from Richard Relf, acting under
the pretended authority of testamentary
executor of the said Daniel Clark and as
are fully described in the said defendants
answer, and the exhibits thereto annexed,
were part and parcel of the property com
posing the succession of the said Daniel
Clark; that the said Richard Relf at the
time and times when under the pretended
authority aforesaid, he caused the property
and slaves so described and claimed by the
the said +. d. Delacroix, to be
sold on the said fifth of October 1913, and
eleventh of December 1913, and when he
the said Richard Relf, executed his acts of
sale of said slaves to the said +. ID. Della
croix, as set forth in the said defendants
answer, and the exhibits thereto annexed
had no legal right or authority whatever
so to sell and dispose of the same, or in
any manner ALLEVIATE the same; that the
said sales were wholly unauthorized and
illegal and are utterly worthless and void, |
and that the defendant the said f. b. |
Delacroix, at the time when he purchased
said slaves described as aforesaid, was
bound to take notice of the circumstances
which rendered the acting and doings of
The SAID Richard Relf in the premises il
egal, null and void, and that the said F. ID. {
Lelacroix ought to be deemed and held, 6
md is hereby deemed and held, to have pur-
,hased the said slaves, with full notice that {
he said sale thereof to him, under the pre-
ended authority of the said Richard Relf !
md Beverly Chew, and their acts of sale to !
hin were Illegal, null and void, and in
raud of the rights of the person or persons
untitled to the succession of the said Daniel ! 1
Clark; and this court doth further order '
,djudge and decree that the said slaves re- t
NAMED unclaimed and undisposed of as t
part and parcel of the succession of said /
Daniel Clark Notwithstanding such sales !
md acts of sales in the pretended right or c
lnder the pretended authority of said Relf 7
md Chew, and were to be accounted for as I
'uch by the said +. ID. Delaeroix, together
With all the increase, earnings and profits
hereof.
And this court doth further adfudge and
lecree that the complainant, Myra~ Clark
Gaines, as the legitimate and only child of
Jhe said Daniel Clark, and universal lega-
tee under his last viii and testament, ISL
Justly and lawfully entitled to the said I
,laves, and their increase, earnings and
profits as aforesaid, from the time they came
% the possession of the said +. ID. Delacroix, ,
he original defendant, to wit: from the ,
fifth day of October, 1913, as to twenty Z
hree thereof, and from the eleventh day of
December, 1913, as to tfty-five thereof, as s