New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-30
COURT RECORD.
THURSDAY, JANUARY 90, 1874.
Caited States Ciycuit Court,

presens-1ion. W. .. W Oodse circnit
| judge.
The following order was issued Mentiay:
! Frank NJ. Ames vs.. New Orleans. Mobile
! and Texas Railroad Company. New Orleans
| and Texas Railroad Company. William Z.
! Kellogg and Albert Baldwin.--The court
orders that an Injunction issue, according
to the prayer Of the supplemental bill, that
| plaintiff be confirmed in his possession, con.
| troll and management of the said property
| during the continuance of this suit and in
the powers hereinbefore granted for i'm
| provements and additions, subject to the
| conditions of the order, and thap the de-
| PENDANTS be eDjoined and restrained from
interfering with the said plaintiff or with
the property described in the deeds of trust
! confOr manly to the prayer OF the said bill
A venire of grand jurors has been Or
dered, returnable March /, 1874
Superior District Court.
| Louis de Rego VS.. city of New Orleans.
| Petitioner alleges that his cigar store. cor
ner of Canal and Dauphine streets, was
| broken open by riCtous mob last NOvem-
| Der. and its contents riiled. Damages laid
at $26l2.
First District Court.
| State VS. FRANCOIS Azrno and irmar tine
| Yacinte.-Larceny. Accused surrendered
| by bondsmen.
State vs. Victor F,uvres. - Obtaining
| dismissed.
State VS.. Raphael Sirpas and L. Lavsris', .
| Murder and accessory thereto. On trial.
| Ten jurors obtained. and twenty-five tales.
| men ordered for tomorrow.
! second District Court.
Suggestions of jacob Ulmer. A.oinh
| Simon, Jacques Tiblier, John a. GyswU!d
! and Felix Delln opened.
! Richard L. Keenan,. Maris Rich! and
7 o.
| Fifth District Corrt.
| Judge CHli0m rendered tn. :olio rins dc.
, ci.en
| Patriot: Bourke 50. = Wood Perry. et
! ai.-Paintti says he - the owner Of 4 lot
of ground in the First District of this city.
| He claims right Gt way through three ads
| iacent and contiguous lots. ON the square
! bounded by Common. Claiborne. Gravie.
and Magdalen streets, Oh the ground. as ne
AYERS. that the same was appropriated ter
| the purpose OF opening Claiborne street.
| This narrow s'riI. Of ground he deDoninates
| a common alley. and saws it is owned by L.
| Wood Perry, Patrick Murphy. Augusta De.
| faesse and Mrs. Canpson. He alleges that
his lot, as well as those OF the above named
| parties, are contiguous 20 each other. aud
| are bounded 10 the rear by said alley. which
is common Ia all said parties; that it il
| about five feet wide. and runs from C!ai.
said alley was SOLD to or purchased by said
parties, and that it was dedicated TO the
common use of all the contiguous lots. He
alleges that I've is entitled 10 the tree use OF
| SAID alley as owner OF his said lot; that
the other prOprietOrs have taken possession
of said common alley, as if the property IN
the same belonged to them: that they have
obstructed the use of it so as to prevent him
from using it, thereby causing him damages
in the sum of $3.50, for which he prays for
judgment in solido against said parties. He
further prays that they be ordered to re
move all the buildings and Instructions
placed upon said alleyway, so as to open it
for his and their common use.
George Tate, one of the defendants, files
an exception, alleging that plaintiff has no
title to the lot of ground which he claims,
and prays that his suit be dismissed.
On examination of his title, l perceive
that on the twenty eighth day OF March,
1870, Paul Shean, Mrs. Ellen Shean, wife of
Andrew Parle, and Miss Annie Shean, 0fage,
sold him the lot of ground which he now
claims, and which is described as facing
in the rear an alley about five feet wide.
running from Gravier to Claiborne street,
common to said lots and others: the rear
and front lines Of said portion of ground
cOnverging and coming to a point 1T the
intersection of said common alley with Cial.
borne street." Sad lot was acquired By
Moses Shean by purchase from the syndic
of the creditors of John Patrick Kirwan,
by an act passed before Richard Brennan.
notary pnblic. on the twelfth day o. Febru.
airy. A. ID. 1888, and by an act passed be-
fore the same notary on the sixth day OF
February. a. ID. 1854. Thomas Allen Clarke
was the syndic Of the creditors of John
Patrick kinwan. an insoivent debtor.
BY the act of February II. 1853. two Tots
of ground, together with all the buildings
and Improvements thereon, and al! the
rights, privileges. customs. ways. servitrd.s
and appurteHances thereuntu belonging
situated in the First District of this CITY. in
the square bounded by Common. Magds.len.
Gravier and ST. Marc streets. and liesig.
mated by the numbers ''twO and twenty
nine on q certain plan drawn by c. A.
Hedin. civi. engineer. on the tweHtr-thTti
day of December, 1851" were conveyed
unto George Tate, Sr. have nothing be.
fore me to chow that George Tate. ST.. ever
sold any portion of these lots to the present
plaintiff. And IS he alleges that he derives |
his title to the lot frOua the syndic Of the |
creditors Of John Patrick kirwan. thinl. /;
it was incumbent on Linn 10 shols the tact. |
The exception required him 20 do So Hi. +.
title goes no farther than TO his vendors. |
Paul and Annie Shean aud Mrs. Ellen Parle. |
L have nothing to show that they had any |
title whatever. and, so far az the evidence |
goes, Iney appear 10 nave SOil t1at WHICH !
they hau no legal title to. think. there |:
fore. that the exception is we'll taken.
On Gle merits. will remark tina the !
alley ways to reopen which thi. sui. is !!
brought. was never dedicated to the public /
Use. by appropriation or otherwise. Il was !:
used by the proprietors of tou, cont uoUs |
and adj AGENT lots tor their common benefit /
and advantage until the opening of Cai.
borne street. After that event, to wit: On the !,
fifteenth day of April, A. ID. 1861. E. Wood |
Perry. a. Parle, A. Dafrasse, George Tate.
Sr. and Augustus d. Holmes. represented !
by t: Wood Perry, by power of attorney. |
dated twenty sixth September. 1860, evi. |,
denced by an act passed before Charles E.
Fortier, notary public did mutually agree
to close the said alley, SO that each of them
will have that portion of said alley which is
situated in the rear of their respective lots
Of ground.
The alley had been mere personal servi-
tude, which might at any time be waived |
or discontinued by mutual consent of the
parties entitled to the benefit OF it. 1t was |
a conventional or voluntary servitude |
which the interested parties vera at liberty
to renounce bv tacit or express remission of
their rights This thew appear to have done