New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-06

Tho Myra Clark Gaines Case-Impor-
tant Decision Yesterday.

Tho Myra Clark Gaines Case-Impor-
tant Decision Yesterday.
In the United States Circuit Court, Hon
E. Fl. Durell presiding, yesterday, the fol
lowing motion was filed:
Myra Clark Gaines vs. TheO. Robertson
and others.-On motion of Miles Taylor and
| James Mcconnell, of counsel tor TheO.
Robertson, j. l.. Swan, Joseph Fuentes, NJ.
Esnard, the city of New Orleans, p. H.
MOusseaux, Dussan de Ia Crooks estate, +.
Levasseur Pierre, j. NJ. Brunei and others,
defendants in the several above entitled
causes, as appears Of the record therein,
and an application for an Injunction: and
on suggesting to the court that the said
Myra Clark Gaines, in the said causes,
claims certain property from the said de-
PENDANTS above named and referred to, for
whom these appearers are cOunsels of record
in the said causes, by legal title under
will alleged to have been made
on or about the thirteenth July, 1913,
by Daniel Clark, deceased, which was ad-
nltted to probate. in order to be executed
in the Second District Court Of the parish
of Orleans, in or about the year 1856, in the
matter of the succession Of Daniel Clark,
No. S646 Of the docket of the said Second
District Court and on further suggesting
to the court that the defendants in the
above entitled ard numbered causes cxhib-
tied their bill of complaint in the equity
side of this honorable court, on the seventh
day of June, 1871, No. 6462 of the docket
thereof, wherein they set up pendency of
said causes, and further allege that they
had instituted a suit in the said Second
District Court Of the parish Of Orleans, on
titled Joseph Fuentes vs.Myra Clark Gaines,
No. 32,979 of the docket of the
said court in which they claimed and
sought to obtain a revocation of the pro-
bate of the said will, which was set up and
produced against the said defendants in
the said above entitled causes by the said
Myra Clark Gaines, the complainant, as
the basis of her claim to the said property,
and prayed for an injunction tO stay all
further proceedings in the above entitled
causes until the decisions of the said suit
instituted by them as aforesaid in Second
District Court to obtain revocation of the
probate of the said will.
And on further suggesting to the court
that, after legal proceedings had before the
court, on or about the fifteenth day of June,
1871, the injunction applied for was then re-
fused, and the said bill of complaint was
dismissed, as a bill of complaint, but was
ordered to stand as petition in the said
several causes above stated and numbered
then sought to be suspended with further !
order; that if the defendants were success
full in obtaining revocation of the probate |
of said will before the closing of the testi- |
mony Of the said causes in this court, that |
they should have the benefit of the same. |
And on further suggesting to the court |
that on the fourth day of December, 1871,
the said Second District Court of the |
parish of Orleans rendered Judgment in |
said suit, entitled 'Joseph Fuentes VS..
M,yra Clark Gaines. No. 3,979," az afore-
said, in the following words, 60 wit:
1T is ordered, adjudged and decreed that
the will purpOrting to be the will Of Daniel
Clark. and to be dated July l3. 1873, as set
forth in the petition and suit filed by Myra
Clark Gaines on the eighteenth of Jan
uarv. 1855, in record and matter of the sue
ression of the said Daniel Clark, No S646
Of the docket If the Second District Court
Df New Orleans, be revoked and declared
invalid, and that the probate thereof, as OBJ
,ained on the said petition, be annulled and
recalled as absolutely null and of no effect"
And on further suggesting to the court
hat the said causes are not yet at issue,
snd that in the premises the said defend
ants are now entitled to have all further
proceedings in the said several causes stayed
md suspended as prayed Tor in the said bill
If complaint now standing as a petition in
he said causes severally-
1t is ordered that notice be given to the
aid Myra Clark Gaines, in the said above
ntitled and numbered causes, of the said
notion for an Injunction therein, and that
he said motion will be heard at eleven
clock on Wednesday. December 8. 1871.