The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-04-20
THE GAINES DECISION.
The Aspect Of Affairs on the Side Of
Defendants.

The Aspect Of Affairs on the Side Of
| Defendants.
| The decision in the great Gaines case recently
rendered by Judge Billings, in the United States
Circuit Court, is Of such vast importance to oul
community, and has excited so much deep feel
| ing that we have thought IL our duty to inquire
into both sides Of the question, and to present
the case in its double face before the public.
Having seen Mrs. Gaines, who has fought suck
an energetic battle for SO many long years aud is
now, apparently, on the eve OF reaping the fruits
| OF hard won victory, we have turned towards
the unfortu nate third parties who, after enjoying
possession in good faith Of homes acquired by
unstinted work and under q guarantee oil
title by the city, find themselves in
imminent danger of losing their all by the IN
flexible decision aud uusentimental rigor OK The
law.
In order to ascertain the feelings and
intentions Of the defendants in this memorable
case, we interviewed various parties. aud espe-
oially had q conversation with Dir. J. Mcdonnell,
the able counsel for tho defendants. Az
natural, the interested parties who see them
selves threatened with being ousted from house
and home, do not take kindly towards the decree
Suat ulbpO5aoeeon tuou, 6hh oon1o Voty uieotiy
while others wear the sullen looks OF desponden-
cy.
But the threatened property holders have not
lost ali hope or courage; as we are informed by
their counsel, rehearing Of The CAGE will soon
be applied for before the court. Among other
grounds for the request is the point that the de-
PENDANTS have been enormously condemned as
possessors in bad faith.
This point is based, according to the theory Of
the defendants, upon the ground that the law OF
Louisiana presumes good faith in every pur-
chaser Of property, and that in their cases there
was no proof offered other than the chaia of
titles to overcome that presumption OF the law.
They contend that il cannot be supposed TO be
the law in this State that purchaser of property
to-day, or in the years 1850 or 1910. can be
affected with notice Of what was contained in re-
mote acts Of sale of his snecedent vendors. This.
they say. would be to hold that the means of
Obtaining knowledge was equivalent to actual
knowledge
They contend that tie principles OF law are
well settled to the contrary Of this proposition in
the State OF Louislsna. The fact IL, there is 3
very large number of the defendants in these
| cases who had no knowledge whatever when
| they purchased the properties for which
they are sued that the title descended
from Daniel Clark, and who claim that,
ss they purchased and improved the prop
erty 10 good faith, they have good show Of reason
to be projected in their bona tide possession uu-
der the laws OF Louisiana as possessors in coed
faith.
Besides, it is alleged by defendants thai
in November, I54s, Mrs. Gaines made >
formal renunciation Of her claims IS
heir under the will which has been set
up - the tasis Of her claims. and that this
remuneration was made judicislly By an amended
bill fled In the very court in which these suits
hare been recently tried. II appears hard tor