The Jennings daily record. [volume] (Jennings, La.) 1900-1903, 1902-02-18
oof1f1 Deere and HapGood
Gang P1Ows Disk an1
Lever Harrnu@
Van VIE Pumps for deep wells. See
and Boilers. asAneo
Black Bros. e. Co
Question Of Tax Titles.


Cagney & Foley for possession of
the piece of property situated in
Lake Charles lying west of Front
street or Lake street, as it is
sometimes called. 1t lies lust
north Of Pujo street and covers
an area of 5Ox10O feet. On this
land is situated the JOLIET market
house.
Some years ago, F. W. JOLIET
built a market house here and
made many efforts to get an or
dinance passed which would COM
pei! all butchers, vegetable. fruit
and fish vendors to rent stalls
there and thus break up the in
dividual markets which are open.
ed In different parts of the city.
Jolet's efforts were Intellectual
and the house became a dead loss
on his hands. He had borrowed
money for tie enterprise from
New Orleans parties and IN self
defense they became it's owners.
These parties are Corey & Co.
and L'Hote & Co.
On Dec. 70, 1896, these firms
purchased the property at sher-
ifs sale IN a suit entitled "Cin-
cinnati and Lake Charles Land
Co. VS.. Franklin w. JOLIET"
1t appears that the taxes for
the year 1897 were not paid, and
when the property was offered
for sale by the sheriff in the
usual nlanner, no purchaser APP
peared and the property rever-
ted to the State. Last Septem-
Der, at the auditors sale, VIM.
Cagney and Thos. Foley of this
city became the purchasers, and
the suit of Corey & Co. and
L'Hote & Co. for the restoration
Of the property ensued.
The petitioners alleged that
the title of Cagney & Foley was
absolutely null and void for the
following reasons:
First, because no written or
printed notice was mailed, sent
or received by the plaintiff, as
required by law,and particularly
as req uired by act IS of 1888,
prior to the sale and adjudication
Of the property to the State for
unpaid taxes of 1897.
Second, because the property
was not assessed and sold in the
names of the true owners there
Of, but that it was assessed simp-
! ly to Corey & Co. and L'Hote,
& Co. the true owners.
Third, because the property
described in the assessment fol
the year 1897 and in the tax deed
to the State dated Nov. /, 1898
and thus the State, never having
had a title, could not give one.
The case being tried, the de
fendants proved that the prope,
notices had been given, and the
Judge set the other claims aside
as being untenable.
In rendering his decision
Judge Miller said that the law
as he construed it, was plainly in
favor of the defendants, ano
while he saw the hardship which
it involved, he was compelled t.
dissolve the Injunction. He ad
ded that if the plaintiffs could
show any law by which the mat
ter could be reopened, he would
/ cheerfplly do so.
The Judgement lis that the tag
sale made in 1898 is maintained
and the subsequent sale by the
State to Cagney & Foley IN Sep
TENDER, 1901, is maintained anc
Cngney & Foley are recognized
as the owners of the property
and the sheriff is ordered to pu
them in possession.
Schwing 81 Moore are the at
, iOrneyS for Cagney x Foley, AM
Puio & Moss and e. H. McCaleb
Esq, of New Orleans, represen
Corey & Co. and L'Hote & Co.
e The latter parties claim tina
the property has cost ther
$4,000, that they value it at $500
u and have refused $500. Th