New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-19
THE COURTS.
Question of Absent Heirs.

the fourteenth OF February ~.
ceased left an Geographic Will, wherein Mr.
< h Alar;dpe was appointed testamentary
executor and universal legatee. by the
viii II appears that the deceased has lett
snmo relations, who. in default OF Will,
xould have inherited his succession.
In obedience to articles l65i and 100
fold Civil Codej, the court has appointed
+ r. Cotton to represent the absent heirs.
In the taking of the inventory, the notary.
sisregarding the order OF inns court mas
failed to notify the attorney for absent
heirs. and the latter has taken rule to
have the inventory rejected.
ON the trial of the rule it has been proved
that the deceased has left nephew and a
niece living abroad. | consider the appoint
ment a legal one under the circumstances.
The presuinptive heirs of the deceased were
entitled to have notice, if present in this
city, of the opening of the probate of the
will, and of the taking of the inventory of
the property left by the deceased. Article
$50, old Code of Practice.
1t is the imperative duty of such an attor-
ney to inform the absent heirs of the nature
and disposition of the will, by which they
have been deprived of the succession which
would otherwise have devolved upon them;
and if the said heirs inform their attorney
that they do not intend to attack the oio-
graphic will of the deceased, or remain ST.
lent, l consider his functions to be at an
end.
The attorney for absent heirs must, there
fore remain in office until he has CORE
sponded with the absent heirs he represents.
The rule herein taken is therefore, made
absolute.
Running of Prescription.
In the case of Daniels, Puppy & Cramer VS..
Henry NJ. Hyams, Judge Wharton Collens
has rendered the following decisions:
The acts of the Louisiana Legislature
passed in 1862 and 1868 suspending prescrip-
ton were enacted expressly in aid of the
rebellion This appears on the face and by
the terms of the acts themselves. SO also
the act closing the courts of the State
against all those who adhered to the federal
government of the United States. 1t is,
therefore, impossible for the courts existing
under the present government to give any
force or effect to those laws Nevertheless
if. in fact the holder of the notes had
been by these enactments prevented from
suing during the war, or in conse-
Guence OF loyalty, then the fact would
have been sufficient to stay the course of
prescription. General principles and the
act of Congress would have protected the
creditor, and have preserved his right of ac-
ton; but it is shown that he, as well as the
defendant, was also 8 rebel, and that they
both lived in the same parish, within the
llutS. DuIlNS INC W Htic liiHt
of the five years necessary to prescribe there
was nothing in fact to prevent the creditor
III this case from suing and citing his
de btor.
The plea of prescription must, therefore.
prevail. Judgment for defendant.
The plaintiffs in this case claimed from
defendant $500 as holders of a promissory
note dated March 10. 1863. The note was
secured by the reservation of a vendors
r.Nt' ,y.,I
mortgage. Defendant pleaded the prescrip.
ton of five years.
Bill Against Bank.
Rachael Lee Groves and others have filed
a uill in equity against the Louisiana State
Bank and others in the United States Cir
cuit Court. The compliments are children
and heirs at law Of Horace II. Groves, de
ceased, OF West Virginia, Marshal county,
aud file their libel both against the Louis
lana State Bank and the State National
Bank. The first part of this bill involves
q family history. 1t is charged in the bill
that 4. w. Groves. combining with Foley.
Avery Il Co, Louisiana State Bank and the
State National Bank, and with other per
sons, refused to come To an account with
them for the goods and chattels of the
Horace H. Groves succession, saying they
were ''inconsiderable III value" where the
contrary was the case, as they were more
q large oveIplus 10 the amount OF So 1900.
all of which passed under the hands
OF Z. w. Groves, of the succession.
THE bill is interminable On a short ac-
.Uaiutance), and goes on to pray that all
The rents and fruits Of the property in dis
pute be turned over to compliments; that
lie real estate of L. W. Groves and of Ann
Lee, OF Tensas parish, with the levee bonds
and coupons attached, be held for whatever
deficiency may exist: that all conveyances
and acts of sale of the lands in the Dalma
ria plantation be Cancelled. W it'll all proceed
nrs flowing out of the Judgment Of court
under which the sale was consummated,
rendered in favor Of Foley, Avery 4 Co.
: ranst Z. w. Groves. administrator. II
Madison parish and that they be delivered
over to the possession of the compliments.
TO stop the defendants from fraudulently
con veying their property out CT tie Juris-
aict.on of court. AS the Louisiana
ate Bank is now in iiquiCation, the com
,inants ask for commission to seize the
..S>ets of the bank to an amount sufficient
0 indemnity the compliments against all
loss. and also ask Tor writ OF injunction
against the banks to restrain them against
al proceedings of law against SEenard
Clemens upon each and all of his mortgage
notes. or to restrain Z. f. Norton, the as
eignce 10 bankruptcy, from proving up any
account against the succession, or any part
OF il. until the hearing of this cause, or I'M
Ill tie further order of court.
The extreme length OF this bill compeis
subsequent allEslcn to its contents.
United States District Court.
IL the case of William X. BuGdenuOIh
the assignee was ordered to sell the bank
rupt s properly.
In the case of S. +. Power. in bankruptcy,
Il. Hutchinson obtains Judgment against
The bankrupt's estate for $3.50, with lien
and privilege On the property.
The facts set forth in the petition of
Earhart Ellis Il Clarke, to force Davis {.
Jackson into bankruptcy. being found true,
the court decreed that the individuals com.
prising the firm of Davis and jackson are
bankrupt, within the intent of the act: that
they shall deliver their schedule and that
+. L. Norton be appointed custodian.
United STATES Circuit Court.
The cases OF +. Cook and j. J. McComb
against all the proprIetors OF iron ties in
the city, were yesterday argued and sub
nitted.
The case Of A. 7. hiiltenberger against
the Board of Levee Commissioners was de-
,.!ded YESTERDAY, and the plaintiff RECEIVERS
from the defendant S,543 "a.
Another X m-klux Case.
Commissioner Weller yesterday had ionr
men up before him, charged with being hu-
Klux, in the following affidavit:
Douglass f. Jerrold, of lawful age, de
poses and says that he is citizen OF the
United States. and for the past three years
he has resided in the parish of st. Iammany,
in the district aforesaid, where he has been
discharping the duties of justice OF the
peace: Thai Henry Glockner, NJ Glockner,
August Unkerheinl, Charles Wallis and
William Schullinberger did then and there
conspirc together to deprive the deponent5
OF his constitutional right to reside in said
parish, and by threats and violence, aud
intimidation, compel him to abandon his
residence, contrary to the laws Of the