New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-02
THE COURTS.
United states District C0urt-Ln Admi.
rally.

Friday, eleventh.
Dennis Cronan, in the case of the Mer-
chants Mutual Insurance Company against
the steamer Sabine, is ruled into court to
show cause, on the third instant, why the
seizure in the hands Of the deputy clerk be
not set aside.e
The libels against the steamers Indiana,
Charles Il. Church, Henry Ames and Dex-
ter were dismissed, the exceptions being
maintained.
In the case of Charles Barron and others
against the tOwboat Valid, the claimants
having deposited with the clerk all that was
due, the libel was dismissed.
Messrs. Bussey & Co. recover of the
steamer Colossal $3ll5.
Commissioner Cohen is ordered to report
a tableau Of distribution Of the proceeds of
the steamer Belle Ida. Time to advise was
taken as to the opposition in the tableau
filed in the case of p Cooper and others
against the steamer.
Time to publish monitions in cases 1916
9S5l, inclusive, was granted the Marshal.
The case OF 4. Woodward against the
steamer w. +. Curtis was referred to the
clerk for classification of privileges.
The case Of w. Otis against the steamer
Rio Grande was submitted.
The case of j. I. Holmes against the
steamer Corneha went by default, and the
plaintiff RECEIVERS S97 and costs.
William Rivers and six others recover of
the steamer Maytiower the amounts to which
each is entitled.
United states Circuit Court.
An appeal from the judgment of the
United States District Court has been taken
in the suit OF Sewerd & Kip against the
steamship Teutonia.
Anthony Gonzales has filed a bill in
chancery against the Louisiana State Lot
terry Company. The complainant goes on
to say it is lis intent to engage in the sell
ing Havana lottery tickets, having the
"orig inal packages consigned to him in
this city, and tie holds that there is no law
torbid,ling their importation into the United
States; and that the Louisiana Lottery
Company ought not to prevent the business
of selling Havana tickets here; and that
is in conflict with that article Of the con-
stitution of the United States which con
fers on Congress the exclusive right to
regulate commerce between the States.
1t is also set up that the lottery
act infringes on the judicial authority in
providing for the collection of fine from
delinquents, payable to the company so
delegating to the company the whole police
powers of the State on the subject of lot
teres. The complainant says he will be
damaged every time the importation of
such tickets is prevented to the extent OF
three thousand dollars wherefore an in
junction is prayed for against the Lottery
Company.
An extremely important decision in the
suit of Edward c. Palmer against Mrs. Mar
garet Deas was rendered by Judge Woods
yesterday, involving the right to panta
ton in the parish of Ascension It was an
application for Injunction which, applying
the common law, was overruled.
The Question of Decentralization by
Judge Woods.
Judge Woods, OF the United States Cir
cult Court, rendered decision, OF which
the following abstract is given. and pro
nounced the doctrine that property in the
hands of an executor. although an univer
sal legatee. cannot be sold for his personal
debts until the legacies are discharged:
Jules Labatut et al VS.. A. +. Prewett eft
al-The averIuents Of the bill are that Ze
non Porche, Of Pointe Coupee parish, Lou.
sana, was in his lifetime seized, as OF an
estate in fee simple, of a certain plantation
situated in said parish. That having de
parted this life. his will was, On August II
1861. duly probated in the probate court OF
said parish. whereby he bequeathed large
number OF legacies to legatecs therein
named amounting in the aggregate to
100000. and constituted and nominated
Evaristc BaTa his universal legatee and ties
tamentarv executor. The said Bara ac
cepted said rust, and was duly confirmed
and qualified as such executor. and entered
upon the discharge of his duties. took pos
session of said plantation ana the farming
| implements and utensils of husbaEdry. but
! before lie could pay the sums OF Iuoney de
vised by the VIII OF Porche, he also-to wit
| in lSti:5-departed this life.
| That said Rara left a will which was duly
| probate0 Oh tie fifteenth day ot June. 1868
| III the court having probate iurictiGn in SAID
parish of Pointe Coupce.
By his said VII, Bara appo;nte d the com
| plainant. jules Lah&tut, his universal
! legatee and testamentary executor. In sait
| viii the said universe! legacy was specially
devised TO the said Labatut. with the cilarc,
| and on condition hat he should pay AL,
execute all the legacies bequeatEed by the
| will of said Porche.
That said Labatut was duly appointed ant
| confirmed as testalnentary executor OF the
will of said Porchc, and also of the will OF sale
Bara, and was duly qualified. and letters
| testamentarv in both Of said wills We're de
Hyered TO him.
! That said legacies have not been paid o.
| discharged, and in this respect said will
have not been executed. and said Labatu
| still remains such executor. That neither
said Porche nor 3ara ever married, an'
| neither of them LETT lawful descendants o.
| ascendants.
That on the twenty-niuth day Of Novem
Der, 1861. the defendant Prewett received
on the law side of this court judgmen
| against Labatut, in his individual capacity
| for $l70l and interest, and the SAID de
| PENDANT. the Northern Bank Of Kentucky
| on the first day of January, 1862, received
| a Judgment against said Labatut. also il
his individual capacity, for 1928 %, will
interest; that the causes of action in whlcl
| said judgments were founded were indi
viduaI and entirely disconnected from boil
| said estates.
That writs of tieri facias were issued OF
said judgments on the twenty-tirst day o
January. 1869, and were levied by tn
United States marshal on said plantation
ard its appurtenances, the property OF SAT-
estates. That the SUGGESTIONS OF Porche an,
| Bara have never been fully administered
but are still in the course of administrator
| by said Labatut as executor. and are still
| subject to the orders of the probate court.
That said Lahatut has never been put i
| possession of said SUGGESTIONS. or either @
them. in the capacity of universal legatet
| but was in possession of said property. a
the time of seizure, solely in his representa-
tive capacity as executor, holding the sam
under the orders OF said probate court TO
the purpose of executing said will.
That said Labatut is heavily in debt ant
unable, out of his own means, to discharg
said legacies, and the only mode by whicI
said legatees can ever expect to be pai'
their legacies is out of the property seize
by the marshal as aforesaid.
That the United states marshal had give
notice that by virtue of pluries writs c
tieri facias in said judgments he woUld pro
coed to sell said plantation with the stoc
| and appurtenanceS thereof.
The bill is fled by jules Labatut, tn
said executor, and by a part Of the legatee
mentioned IN the will ot:Zenon Porche, who's
legacies amount in the aggregate 20 $j6,0O
| III