The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-04-24

ly afterwards entered Into stipulation With the
lawyer who then represented the parties al
whose instance The lots were to be sed MR. Hest
having been appointed 4 Judge OF The supreme
Ceuft). TO The effect that she would Withdraw
her injunction and 40 longer resist the sale by
The sheriff Of The lots Ia Faubanfg 1t. John. the
condition being that The parties should pay the
costs that had accrued, which wac done. A dup.
lleate origin VI Of shs stipulation can now be
among The records Of The notary Joseph uuvila
lier. Notwithstanding This agreement, heweyer.
Mr.. Gaines brpught sais for number Of these
lots, which had been sold. Some ~ them after
wards became the property OF the Union Com.
pany. Of New York. who employed, before the
war. Judge D. H. Darrell az their agent. aud put
the title In his name. Judge pnsell having. on
account Of his apparent interest In the matter,
refused 10 hear Mra. Gaines oaaes while he OH
eiated "a Judge Of the United states COURT in
New Orleans. incurred the little claimants dire
displeasafe, and she did. no doubt, what ahe
could 10 effect his re,aeval from the bench which
he 30 signally disgraeed In is7a
paseing over period Of dozen years or more
we come 10 the easa of Patterson Va. Gaines,
which reached the Supreme Court Of the United
States, or. rather, was decided by that court In
isIa. In that case u How. dpg) the Supreme
Court held that lawful marriage bad taken
place between Daniel Clark and Mrs. Gaines
mo her: that Mira. Gaines was the only issue Of
that marriage, and the forced heir OF her said
father, aud an such entitled TO four tfths Of bis
eatate, Notwithstanding the will of 1911 In favor
Of Mary CLARK. which could not deprive her OF her
legitimate portion OF Daniel olsrk's estate.
II this decision had been followed ont. then all
the owners Of property that at the time OF DAME
| olark's death belonged TO him might have been
eyicted, and II would have been unnecessary for
Mx. Gaines TO apply. in 1855, TO the Probate
court OF New Orleans, and afterwards TO the
| Supreme Court OF Louisiana. for the probate oI
the will of isis or TO AJAX for anything except fol
tho one. fifth of the estate which that decision
left 10 Mary CLARK as heir under Daniel Clark'
will OF 1911.
But at the December term Of 1851 the Supreme
Court Of the United States rendered another ant
n very different decision, In the case OF Myri
CLARK va. Rolf Il Chow, ti2 How. a'2,l In theii
opinion the court say, Up. sobl
"rhe complainant sues 40 the only Legitimate
child of tho late Daniel Clark, who died In Nov
Orleans, on the 18th OF August, 1918. No acooun
is prayed against Daniel Clark's executors, bu
tho comp nlnhnt seeks to GscafAE proPsfsl
aold by them, consisting OF lands and slaves. OF
the ground that her father could not deprive her
"a his legitimate child, OF more than one tiftl
part OF hts estate, by last WILL according TO th
iaws OF Louieiana, ~ they stood In isi3.' Ibid
srhe respondents claim under will made b
Daniel Clark In 1911, by which he devised oil hi
properly. real aud personal, TO his mother, Mar
CLARK. aud appointed h. Rolf and B. Chew hi
executors
Al pare SAT ths Supreme Court proceeds: .sol
| tho 10th OF January. 1sl9. Gaines and wfo fse'
their supplemental bill against all tho defendants
aud, among other matters. set forth the decree
| made In their behalf by this court In tho case o
G. Patterson w. Gaines and wife at Decembe
term, Isi7; and complainants set no that deere
, as hsving adiudRed and decided against all th
! defendants to this suit, that Myra CLARK Gaine
vas the legitimate child and forced heiress z
Daniel CLARK. and that, althoug
neither of those were nominal partiss 70 said d
| cree. vet esch OF tkem Is bound and conclude
thereby, s'they and eachof them holding the sam
relation to your oratrsx ~ the said PatteEso
! did
i Tho defendants reply sp- 5s7), .that said d
cree was brought about and procured by inpos
1 sision, combination and fraud, between said con
plainanss and Charles Patterson, and that thssl