The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-08-16
NEWS OF THE CITY.
What the Democrat Reporters Saw
and Heard Yesterday.
AFTER THE CITY.


the seventh instant by Mrs. Myra Clark
Gaines against the city, q short synopsis of
which was given in the DEMOCRAT at the
time 1t was entered on the docket, has come
to hand, and from it the following extract Is
made. M5...5..5 =@=s.5
The complainant, after recitine the various
proceedings and suits since 1873. which led to
the recognition OF her title to certain property
lin this city, goes on to relate the litigation
che instituted to recover possession 81 the pro
perty from the holders, whose titles were
based On sale made by the city, which It'll
gated resulted In decree declaring her en-
titlion to possession, and to the fruits and rev.
enues OF the land. She then gees on to show
that the city has by various methods and pro
ceedings deprived her OF the benefits OF the
decree charging "the truth to be. that during
the whole period since she discovered her
parentage and commenced her legal struggle
for the recognition OF her birthright and the
recovery Of her inheritance up to the present
lime the said city OF New Orleans, through
her respective mayors, boards Of aldermen
and administrators, has continuously resort
ed to all means in her power 70 Cypress,
thwart and crush your oratrtx IN her said
legal effcrts, and has been one OF the leading
and chief conspirators therein. That, |
IL norm sglh believes and your Charges shs said
several pogsessors who thus held title |
from said city OF New Orleans and First Mu-
nicipality to the said several tracts ana par
time OF their. possession, and especially
since the final Judgment OF the Supreme
Court Of the United States In the case OF
term. 1860 would have surrendered the sainea
10 oratrix had the said city OF New Orleans
consented to refund and pay said possessors
the respective prices which said city end First
III oafd "
them. b. payment to oratrx, Of their said re.
spectiye Obi, cations for fruits, revenues and
.s.ine for use:a md that "the various
persons holding possessiC,n OF respective por,1
lions Of said property, their rest 'e's az Nsr ra1
as what portions and the duration OF tn. ic |
spective possessions, as well 10 case Of thel.
death, the names andiresidences Of their heirs, y
are unknown to your oratrix, but she IS H.
tOrmed, believes and 50 alleges, that many OF :
Them are dead. leaving insolvent estates; =
others absent from this district, rendering 1t
imnossbe to obtain summons upon them,
md vo,,r oratrix prays that the said Guy OF
New Orleans, as their vendor and warrantor
and joint consplrator against the rights Oh
lend this bill, net only on her own behalf but
on behalf of said possessors, with the right
reserved to any and all said possessors, y
should any Of them desire. to appear and an
"That none of the said judgments for fruits, q
revenues and value for use rendered Ia favor
OF oratrix against said defendants lthe pres
ent holders OF the property. In suits Nos 5663,
6OS5 have been paid, In whole or In part, and y
still remain due to oratrix; and that said de- !
PENDANTS are unable to pay the same, except
Il be through payment Dy the Guy OF New
I'm warranty, and which payment said defend :
ants, as aforesaid, have demanded Of said city
TO make to your 0ratrix. e,
SIN consideration Of all the facts alleged,
and Inasmuch as your oratrix Is without !
remedy at and by the strict rules OF the com
mon law aud Is relevable only Ia court Of
equity, where matters Of this IA nature s are
end, therefore, that the said defendant, the
city Of New Orleans, may, II she can, show !
cause why your oratrx should not have the !
sef hereby n ber
membrance, information and belief, full, true,
perfect and distinct answer make, but not
under oath, her oath thereto being expressly
waived to the said Undergraduates herein
after numbered and set forth, and that she (
answer all and singular, the matters and
charges aforesaid, as fully and particularly, Z
In every respect, as Il the same were ,.i mere
again repeated, and she thereuntO particular ]
lyinterrogated:
And that said defendant may be decreed to
make full discovery Of the matters and things 8
with your oratrix. to be taken by and under /
the direction and decree Of this honorable a
court, of the fruits, revenues, profits and /
value for use OF said property since the {
over to your oratrix whatever shall be found I
due said by defendant upon the taking of
said account; and that said account In &
Clude not only the amounts OF fruits Z
revenues and value for use actually de- J
rived and received from said property. but I
likewise such fruits, revenues and value for {
use which could have been derived from the /
same by ordinary good management and t
which your oratrx could have derived by I
such ordinary good management, had she
been left in the quiet possession Of said prop {
erty; and, further, that said account include
the fruits, revenues and value for use Of said
property during the period from said twenty
frst Of September, 1884, to the said respective
First Municipality passed said illegal acts of
sale Of portions Of the same to other parties,
as also the fruits, revenues and value for use L
OF said property from the dates OF said re- 7
spective sales, to said other parties, pre- 3
respective portions thereof BY the win desire,
consent and fraudulent acts Of said city OF /
New Orleans and First Municipality, up to i
the time and times when said respective pur. +
chasers OF their vendees surrendered or shall
surrender the possession OF the same to a
your oratrix; aud that said city Of New Or y
leans be held and decreed bound and indebted i
for the same to oratriX IN sohd0 with said +
respective other and subsequent pOssessors; =
and that the several judgments for fruits, =
revenues and value for use rendered and to be !,
rendered against the several defendants in !
said suits Nos. 1868 and 6095 be held as the !,
basis for the said account with the defendant :
the city OF New Orleans, during the time COW :
cred BY said judgments, and that the said =
final Judgments rendered in said suits Nos 9
1895, 1868 and 6OS5 as to each and every issue =
Of law and fact adludged therein, be held as
res ddjudicata and as things finally adjudge
against The defendant. the city Of New Or
leans"