New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-02
UNITED STATES CIRCUIT COURT.
Important Decisions by Judge Woods
Mrs. Myra Clark Gaines Sgits Against
Old Citizens.


Mrs. Myra Clark Gaines >gits Against
Old Citizens.
On Thursday of last w9ek the following
decisions we're rendered in the United States
Circuit Court
Mvra Clark Gaines vs.. p. H. Monsseaux
ct als.-This cause came on TO be further
heard al this term Of the court, on tie mo-
ton of counsel for complainant, TO make
absolute the decree pro c9ntesso entered at
the June rules of ls1I. and fled on the fifth
Sarrat. Joseph Baudue, Jules Bauduc, J,
A. Blacksmith. Widow Pierre Cop, Canal
Carondelet Navigation Company, Joseph
Dawsel, Joseph Dulac. j. Duparre, John
Hoey, J. r Jaquet. Widow A. Launsel
William Moran, }. c. Pelhofer, Henry Spitz
Jadden. Stanislaus Weber, Mrs. E. Walton
and husband, Louis Binnoche. Michael
Dennis. Henry Gra1nmont. c. W. Hopkins.
Henlv Lorenzo A. Miltenberger and John
Miller, and considering the articulations il
said bill OF complaint. and the matters
therein contained and set up, and the said
decree OF pro co,.ress0. It was ordered. ad-
judged and decreed that, rs against said de-
PENDANTS. ard so far as Tie property de-
scribed in said bil Of complaint Is CEN
cerned. TO wit:
Il lot Of ground, with al the Buildings
thereon. in the city of New Orleans, II the
square bounded b. Burgundy. 81. Peter.
Rampant and Toulouse streets, measuring
60 feet on Toulouse street, By 10 feet deep.
q 4 certain tract OF land containing l&
acres. situated in the quarter Of the Bayou
ST. John. bounded br Canal. Carondelet.
Dorgenois and Bellechas-e streets. with
all the buildings and Improvements thereon.
3. a tract or parcel Of land on the Gen
lly road. il the city Of New Orleans, lying
etween the GENTLY road. the Canal
Marignv. Treasure and both sides Of Spain
treet. being about twenty-five arperts
front on GENTLY road.
The said viii be taken and held.
and true. and that the SAID Ayra
Clark Gaines. complainant il the cause,
Is the only Legitimate child, and en-
titled heir Of Daniel Clark, IL tie SAID bill
and proceedings mentioned. and as such
was invested with the character Of such le
gitimate child, and entitled 70 all the rights
of the same. and that under and By virtue
of the last viii and testament Of the said
Daniel CLARK. and the said Mvra Clark
Gaines is the universal legatee Of the said
Daniel Clark, and a. such entitled 70 all the
estate, either real or personal Of which she
said Daniel Clark died possessed. subject
only to the payment Of certain le gac;es
therein named. and especially Is she En-
titled to all the rights OF said Daniel Clark
at the time Of his death, and IN her said
capacities TO the property herein before de-
scribed, and any and all such portions
thereof as the said defendants herein be-
fore named. or either or al OF them, may
have been in the possession az the time Of
the filing OF this bill Of complaint. to wit:
the twenty-second Of November, 1861, or at
any time since: and it is further decreed
that this matter be referred 10 John B.
Weller, Esq, master in chancery Of this
court, TO determine the boundaries of the
portions of the said property held as afore
I,-rl In -, \ -:-l% ~
and revenues thereof, he giving notice TO
said parties of the time and place at.which
he will proceed 10 the said examination:
and it was further decreed that the com
Flainant have execution against said de-
PENDANTS for all such costs a. she may have
incurred in their behalf in this cause.
Uyra CLARK Gaines VS. Charles Lessons
ct als.-Ihe same motion was made bv
counsel for complainant in this case, on the
same grounds as the above. and iudr-
ment, in substance the same. was rendered
against Charles Lesseps. Alexander Les
seps, j. B. Lapretre and Widow J. G. LON
bard. By this decree Mrs. Gaines is de-
clared entitled 10 recover one undivided
half of II, 500 arpents OF land. being upon
the Bayou Terre aux BGuts. in the parish
of ST. Bernard, being seventy arpen,s
front on the right side OF said bav0G and
300 arpents front on the left side, and forty
arpents deep, extending from the lands Of
Lorenzo, in 1872, downward on the left
side of the bayou, and right side Of the
BAYOU frcm the lands. in 1912, Of Alonzo
Dngo to the entrance OF the bayou, reach
ing to lake levee.
Mvra Clark Gaines -. p. +. Agnellv ct
als.-In the matter OF tie decree pro ron
fesso taken in this case against Pierre Bor-
des. Juan Bazean, Widow X. Brugier. J.
Borres, Robert c. ClebUrne. AIistide Car
Ion. Lucien Fonciere. August FOuchet, Juan
r,lo,CcJa ItiJnv- Ia m
Gallagher. Prosper HoWan, Louis Jarreau,
Joseph Littoree, James Labat, jacques
Al uller, Joseph Prosper, Victor Perrillat
Jacob Rodriguez, a. Richard, Louis Hart
tenstein, Minor a. Munier. J. VI. Craw-
ord. Elalic LefIelean. Marie Munier and
u. Porry, the same action was taken and
the same Judgment in substance rendered
as in the above cases. This decree de-
CARES Mrs. Gaines entitled 70 the following
rJperty, to wit:
/. A tract of land in the city Of New Or
leans, lying between the GENTLY road, the
canal Marignv and Treasure street, and Oh
both sides OF Spain street. being about TWEEN
tT-two arpents front on GENTLY road.
2. 4 tract Of land, containing about l35
acres, situated in the quarter Bayou St
John, in the city of New Orleans, bounded
by tie Canal Carondelet, Dorgenois and
Bell echasse streets.
g. A tract of land, in the city OF New Or
leans, bounded By Dorgerois and Belle
chase or part Of st. John streets, the
BAYOU St. John, ST. John route and GENTLY
road
In all of the above cases the judgments
are the same as regards Myra CLARK Gaines
being the legitimate child OF Daniel Clark.
and they all give her the right to have exc
cuton against the defendants in each, and
John b. Weller is in each appointed a mas
ter in chancery TO determine the bounda-
ries, etc, as stated in the fist judgment.
Myra Clark Gaines VS.. Francois ID. De Ia
Croix.-In this case the exceptions of the