The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1889-05-17
THE GAINES CASE.

A Washington special TO the
New Orleans Times Democrat OF The
18Th inst, contains the following
brief history and account of the
final termination OF one OF The most
remarkable law suits this country
has ever known:
The United Siaies Supreme
Court to-day, III an opinion by JUS
tice Bradley, awarded The execu-
tors or the will of Mvra Clark
Gaines the sum OF $4,000 against
the city OF New Orleans for The use
of property sold by The city, but
recovered by Mrs. Gaines alter a
long litigation. The judgment of
The lower court awarding The exec
utors 81, 100000 for The use of The
unimproved property sold by the
city was not c%oncurred III.
This case probably has been The
most interesting, the hardest CON
tested, and the most prolonged
known 10 The judicial history OF
this country.
Over thirty years ago Justice
Wayne, of The United States Court,
said that when the historian Of the
American bar should come to write
up the case, it would be registered
as the most remarkable in the his
tory of our courts. The ease had
then been before the Supreme
Court five times in one form or an.
other, and has now been decided as
many times again,
The first SUIT i'm the case was
brought by Mrs. Games, then The
wife OF Gen. Whitney, in 1884, and
since that time decision alter deci.
sion has followed in regard to it,
until it has became a by-word that
there was always a Gaines case
pending.
The first suit sought to recover
what was known as the Evarisis
Blanc tract in New Orleans. Blanc
bought the tract for about 1880
from The executors of Gen. Daniel
Clark, a prominent citizen OF New
Orleans. He sold il and some 9th.
er land to the city Of New Orleans
for $4,000, and the city sub divided
the tract and sold 1t TO a number OF
persons for between $600.00 and
100000, agreeing to defend all
questions of title, Mrs. Gaines hav-
Ing, a few months before, claimed
it. The grounds on which Mrs.
Gaines set up her claim was, that
she was The child of Gen. Clark by
a secret marriage between him and
Zullme Carriere, a woman we'll
known in The city, and thai Gen.
Clark had lett a later will than the
one under which the property was
sold.
This secret marriage formed the
axis on which the litigation revolv-
ed, and The case was fought with
great bitterness by both sides. 1t
was not until a few years before
the war that Mrs. Games was tiu-
allv declared 10 be The legitimate
child as we'll as The lawful heir OF
Gen. Clark.
Even then the city of New Or
leans did not surrender, and after
the wal Mrs. Games was compelled
to bring suit for damages. III 1881
the Circuit Court of The United
States for the Louisiana district
gave Judgment in her favor for ST.
925,G67, and it is on appeal from
this Judgment that the case of the
city was decided.
The present case, il is generally
conceded, exhausted all The re-
sources of The law, ana is regarded
as a final settlement of the liliga-
ton
Mrs Games. fighting to the very
last for her rights, is dead, and so il
is believed are all her immediate
relatives, except her daughter-in-
law, Hattie l.. Whitney, IN whose
name, as administrators of the es.
tate of Mrs. Gaines, the case stands
on the court docket. Justice Brad
ley rendered the decision OF the
court, which was unanimous.
Justice Lamar and Chief Justice
Fuller were not members of the
court at the time the case was
argued, and took no part in the
decision.