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New Orleans Republican. [volume] (New Orleans, La) 1867-1878, March 14, 1871, Image 2

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OFFICIAL JOURNAL OF THE UNITED STATES \
9fFICIAL JOURNAL*OF NPW ORLEANS
THE COURTS.
Eighth District Court—Decision by Judge
Dibble—The Right of Counsel to See
Clients Accused of Crime.
In the case of \\ . L. Thompson, ail at
torney at law of t'ois city, suing to recover
damages from the city of New Orleans ami
Bowen, the keener (if the Workhouse, be
cause of a refusal on the part of the latter,
as agent of the former, to allow him aeeess
to H~lient aeeiiseilof a crime. Judge Dildde
has rendered a deeision overruling the ex
ception of the defendants that there was no
cause of action and ilia! the city was not re
sponsible for the acts ol said Bowen.
The judge, in his written opinion, says:
That in accordance with article '.firt of the
Devised Statutes, ••counsel for a person at
t used of a crime shall have free access to
him at and during all reasonable hours."
That whoever violates this right must he
himself responsible. It may not in* proven,
says the oourt. in this ease that the plaintiff
was entitled to admission at the time and
under the circumstances i oiuplained of. but
his allegations disclose euiicieut cause of
action.
Municipal corporation- a'e responsible for
the wrongful acts of their oliiccrs. ii their
acts are done in pur-nance of a general au
thority. A iott, of... The exception was.
therefore, overruled, and the ileiendauts
given live days to answer.
Sixth District Court—Tlie Inability of n
Party .Making a Contract by Telegram,
and Siauing the Name of Another Par
ty—A iBIstrial-Noym vs. I.oeh.
Wilkes & Iiall vs. Alexander Walker.—
This is the title of a suit now before the
.txixtii District Court, involving the responsi
bility of a party who, it is alleged, made a
contract for another party by means of a
telegram to which be signed the nameof the
other party.
The telegram was an order for a certain
number of field hands, to be delivered at
Kenner Station, by parties in Virginia. It
appears that, h, obedience to the telegram,
tin hands were sent forward, hut that upon
arrival the contracting party declined to en
gage them. The plaintiffs set up that if the
detentiont signed the telegram without au
thority he is responsible, under the terms of
the contract, in this case some $1100 art
involved.
A mistrial in the ease of Lewis vs.
J'cpin. for damages alleged to have arisen
because of a leaky root, a jury of the Sixth
District Court, eleven in number, failed to
agree. This was the ease in which the
judge overruled the challenge to the jury
array made by counsel, and reported
by us.
James O Xoyes vs. Sigmund Loch.—
Judge Cooley yesterday rendered an elabo
rate opinion in the above suit before the
Sixth Judicial District Court, iu which the
plaintiff sues to annul a .judgment rendered
against him in this court for the sum of
$1 7R1 0'.*. with iutoicst, in favor of Sigmund
Loeb. Tlye judgment was attacked because
it was obtained, according to Noyes' alle
gations. by fraud and other ill practices.
It was alleged that the note sued upon,
on and for the amount of which the judg
ment was rendered, had been partially paid
by plaintiff herein, and that his liability for
the balance has been released by the payees
of the note, in consideration of a certain
assignment of all his property to a trustee,
made by said J. O. Noyes for the beuetit of
bis creditors.
The fraud and ill practices complained of
consist of this: That Sigmund Loeb, the
party who obtained the judgment sought to
tic annulled, was fully aware of the pay
ments and of the release set up in the peii
(ion for nullity, and that he combined with
Simon Loeb &: IV.. the original payees, to
defraud J. <». Noyes by a fraudulent or
rather fictitious transfer to him of tin- note:
and also, liiat l.e conspired and combined
with Solomon Loeb, the only witness .-.worn
on the trial of the ease of Sigmund Loeb vs.
J. O. Noyes, to defraud the present plaintiff.
Judgment iu favor ot Loeb and against the
plaintiff. J. O. Noyes.
D»<-s an Art of the Legislature go into
Kfl'eci from its Passage or from (he Date
of Promulgation t
Wakanpath and Joseph Mef'eri Brothers.
In this case, counsel for defendant moved
t* set aside attachment, on the ground that
(he attachment bond was not made payable
to the clerk of the court, a* required by the
law of December 30. H70.
The question iu this case, and au im
portant one it would seem, is whether the
Legislature had the right to order that a
law -hall take effect from its passage ami ]
not from the date ot its promulgation. Judge |
Cooley has taken the mattet under ailvise
n i nt. and promises a decision at au early i
day.
Supreme Court Dreioions.
Monday. March Id, H71. j
so w art. Hyde k Co. Buard Jc Drain j
quel.—From the opinion ot Justice Howe j
iu this ease we extract as follows: Appeal .
from the district court, parish of Natchi- I
Inches. In the early part ot 13*7, the de- .
feudants entered into a contract with the |
plaintiffs, which was afterward reduced to 1
v. i .':ng and signed by defendants, by which j
the plaintiff's as commission merchants and .
(actors were to furnish plantation supplies j
(ji an amount not to exceed $blio0. and the |
del'endums, planting partners, agreed to |
p to plaintiff's the entire crop of their
(b.ii.tutiou, ''which,'' to quote from the I
........
Hgrei meut, "the said Buard &. Drauquet
v arrant to amount to four hundred bales
of i * ittoil. of four hundred ami fifty (Vmnd
(i the bale, and ii the number falls short of
(!.at i umber the commission shall la* paid
upon the driici. nev at the late of rive dol
lars per hale liquidated amount.
To secure payment of the advances, in
ten st and charges on the crop, the dclend
.'iit- furnished their joint notes tor $3000.
dm I O'C* tuber 31. Di", and each pledged
e not
as collateral certain mortgu,
both di fondants al-o agroeil to pay live per
cent attorney's fees on any balance due and
sued on. I'lie defendants having failed to
make • < rop. suit was brought against them,
and judgment obtained against Buard, at
(he January tern:. I3ii.i. oi the district
ci lift, lor the sum of $)uui . Th e case was
i lo.'ii.ued as regard' d Dranuuct. the other
ill Ii miaul, aud at tin Decemhi r term of tiie
M art, 130V. judgment was leniien d against
him. From that judgment plaintiffs have
up) • ale.l. and now ask for a reversal and
an. i i. anient decreeing the liability of the
deli ndant in the l'uil amount asked for in
(hi petition.
ami j
|
j
I
I
l'i.i defendant pleads the. following:
1. lb denii s having entered into the con
tract at the date stated, but avers that he
e.gi.ed the same, having keen compelled to
ib 'ii from force of circumstances: and that
Ike contract is usurious and au extortion.
2. He admits the indebtedness for one-hail'
the supplies, but objects to the commission
fit: in'iou not shipped as contrary to law.
3. Ilo alleges error in the mortgage, which
ho sii^s should h.i' o boon but for $ 3001 ).
i. Ho pleads in compensation the one
hall' ' aluc of four mules, w orth, as he alleges,
.- x Lund red dollars, returned to plaintiffs,
and toe sum of cue hundred dollars for their
Lire.
o. lb pleads .dso in lus amended answer,
toil* the rate ol interest should he onlv tivc
per cent, and reiterates the illegality of the
ntract entered into to pay live dollars per
'ii cotton which they
I
;
:
j
|
i
I
j
|
i
ba'.i
minims—ion
gun: antecil to ship.
I. The evidence show s that the contract
w as voluntarily executed by the defendant
as well as by Buard. The negotiations
commenced in New Orleans by conversa
tions is tween the plaintiffs and Buard. and
afterward with Drauquet. The ,written
agreement was afterward prepared and
sent up to tlie plantation. The defendant
returned it w it It a letter objecting to the
portion in regard to a commission on cotton
•lot skipped, and threatening to settle for
supplii s already received, and. w e presume,
found some other factors. To this plaintiff's
i.plied by letter, arguing the matter at
length, and intimating that if the de
fendants did not choose to sign the agree
ment, they were at liberty to withdraw from
flic nriungemciit aud find other factors,
upon paying for what supplies they bail
■tet'm'.ly i'i'cc' veJ Thereupon tfie de
fendants e a am led the agreement, and
'acknowledg' d it to be their voluntary act,
as was recorded. The defendant testified
that he was forced to sign by the fact that
the poverty of his partner prevented the
fatter from settling his share.
2. The agreement being established, it
! seems to follow that the clause quoted, by
\ g on the ap
pidiee; the contract may have been rash,
hut it was not uulafotul.
It is therefore ordered that the judgment
appealed lroin be reversed, ami that the
plaintiffs recover from the defendant the
sum of $34 iff, and the further sum of $174 i!0
attorneys' fees, with recognition of special
mortgage rm the property mentioned, with
right to seize'and sell the same.
Lizzie Taylor, administratrix, vs. W. B.
Robertson and wife—Appeal from the dis
trict court, parish of West Baton Rouge.
This is a suit on u mortgage note, changed
from the executory to the ordinary form,
against W. B. Robertson, the maker of the
note, and his wife, to whom the land mort
gage had been transferred in part payment
of her judgment against her husband, prior
to those proceedings.
From a judgment against the husband tor
(lie amount ot the note, and against both,
recognizing the mortgage on said land, the
wife alone has appealed.
Jud-meiit of the district court reversed
ami -et aside, so far us affects the property
oi Mary Jane Robinson, and that there bo
judgment iu her favor on plaintiff's demand
lor the seizure and sale of said property.
Howell. J.
Carl Colin vs. T. G. Davidsou—Appeal
from the district court, parish of Living
ston. Judgment appealed from reversed,
and plaintiff' allowed judgment against de
fendant in the sum of $3000. Howe. J.
\\ illiiim Sillimau. et als vs. John J. Mills,
ei als—Appeal from the Seventh District
Court, parish of l'oiute Coupee. Judgment
affirmed. Wyly. <1.
State of Louisiana, ex rel. Henry Train,
v-. (1. M. Wleklitte, Auditor, and A. Dulni
clri. State Treasurer—Appeal from the Fifth
District Court, parish of Orleans. The re
lator brought this aetiou January. 1370, to
compel, by mandamus, the Auditor and
Treasurer to receive only lawful money of
the United States, for taxes, anil to set aside
a special fund to pay the officers whose
salaries are tixed by tlie constitution. There
was judgment for the relator, ami the State
has appealed.
has appealed.
. The question of receiving only lawful
money, and not warrants, for taxes, has iu
tins case ceased to he of any practical in
terest. since, by net of March lb. 1S70. it is
provided that only lawful money shall be
received. *
With the legislation that existed at the
time this aetiou was instituted, we do not
think tho duty ot the respondents to per
form the acts which the relator desired to
have performed was so clear as to authorize
the summary remedy of mandamus. The
motion to dismiss is not well founded. Judg
ment reversed anil petition dismissed,
llowe, J.
■State of Louisiana vs. George Clark—Ap
peal fiom the district court, parish of
Rapides. The defendant having been in
dicted and tried for murder, found guilty,
without capital punishment, and sentenced
to hard labor tor life, lias appealed. Judg
ment affirmed. Howe, J.
Louisiana Canal aud Banking Company
vs. Mrs. Sophie L. Martin—Appeal from the
Ninth District Court, parish of Rapides.
Judgment appealed from annulled, and the
ease remanded for a new trial. Wylv, J.
J. C. Van Wrckle, executor, etc., vs. Mary
Calvin—Appeal from tlie district eourt,
parish of l'oiute Coupee. The question in
this ease is whether or not a testamentary
executor can sue to set aside, as simulated
and fraudulent, an act of sale of real prop
erty made by the testator, and have the
property declared to belong to the succes
sion upon the allegations tiial said sale was
made to hinder auddelay the creditors—the
executor being one individually—that there
are debts amounting to several thousand
dollars, and that, although the deceased
held a lucrative office, lie. tlie executor, has
been unable to find any money or obtain
possession of any property whatever, except
a small quantity of movables, inventoried
at about $3!lb.
The court holds that the* sale attacked is
just as much the act of the deceased as the
will through which the plaintiff derives his
appointment and authority. Judgment
affirmed. Howell, J.
Jacob l'. l'avui* vs. Biddy Graham—
Appeal from the Thirteenth Judicial Dis
trict. parish of Madison. Judgment
affirmed. T.diaferro, J.
Mary B. Waildill vs. lhiyne A Harrison —
Appeal tioui the Thirteenth Judicial Dis
trii-r. parish of Madison. Judgment
affirmed. Taliaferro, J.
lleirs of B. A. Landry vs. August Levert,
Sr., et al.—Appeal from the Fifth Judicial
District, parish of Iberville. Judgment
affirmed. Taliaferro. J.
N. O'Connor vs. Police Jury of Pointe
Coupee — Appeal from the district eourt.
parish of l'oiute Coupee. Judgment
affirmed. Howell. J.
State of Louisiana vs. Laurent Frank.
App ; al troiu the Fourth Judicial District,
parish of >>t. Charles. On au indictment of
murder, the defendant was tried and con
victed of manslaughter, and being sen
tenced to the Penitentiary tor ten years,
has appealed.
< in motion for trial, it shown
that there was a separation of the jury
twice during the progress of the ease. In
capital eases it is well settled that jurors
are not permitted to separate, and that up
( n a -eparation. miseondiitt and abuse will
n!\vu\s be presumed. State vs. Hounsby.
3 R. 344: State vs. Crosby, 4 A. 433; State
vs. Evans, 21 A. 321.
It is therefore ordered that tlie judgment
appealed from he s<*t aside and annulled,
and that t It is case he remanded for a new
' Wyly. J.
Lewis Nauston Sc Co. vs. Horner, Rex &
Tracy — Appeal from the district court,
parish of Tensas. Judgment affirmed.
Howe, J.
J. V. Sevier vs. Succession of Got dun —
Appeal from the district court, parish of
i en-as. flic* plaintiff being a .judgment
creditor, proceeded by rule against tin*
executor of Gordon to show cause wli.y suc
cession property should not he sold to sat
i-iv that judgment, the rule was made ab
solute, April 2V, 1370, aud the sale of suc
cession property ordered iu amount suffi
cient to satisfy the judgment of plaintiff,
l he executor has appealed. The decree of
the court below must bo avoided for want
of jurisdiction. The matter in dispute was
probate in character. It concerned strictly
the settlement of (ho suecesion, aud be
longed to the parish court. Judgment an
nulled and the rule dismissed with costs,
Howe, J.
Robert F. Tietgens, tutor, etc., vs. suc
C' ssiou of Kaufer, etc.—Appeal from the
district court, parish of Jefferson. Appeal
dismissed. Howe, J.
<»reus Capmartin vs. Police Jury of
Natchitoches—Appeal from the Ninth Dis
trier Court, parish of Natchitoches. Judg
no nt reversed, and decreed in favor of
plaintiff'. Wyly, J.
A. Milteuberger vs. estate of James W.
Pipes—Appeal from the district court, par
I'D ol Iberville. Appeal dismissed,
Louisa Lane vs. 0. Roselius et a!.—Appeal
lroin the district court, parish of Nutehi
turtles, on rehearing. Ordered, that the de
cree hereto;ore rendered by this court be
-et aside, and the judgment id' the district
court affirmed. Howell, J.
Julia A. Dixon, executor, vs T it. D'Ar
iiioml—Appeal from the parish court of East
Feliciana. Judgment affirmed. Howell, J.
A. Milteub. rger vs. James Iloustou and
wile Appeal lroin the district eourt. par
ish of Can-oil. Judgment affirmed. How
ell. J.
J. R. Jeffrey A' Sons vs. \V. D Phillips.
Appeal from the Seventh District Court,
parish of Pointe Coupee. Appeal dismissed.
L. A. Sauton. tutor, vs. W. K. Leverich.
John DeLaey. Sheriff. L. A. S.intoti, tutor
vs. William J. Beatty. William E. Is-verirt!
anil H. S. Losee, iutcrvcnm's. consolidated.
Aiipea! from the Ninth District Court, par
ish of Rapides. Iu January. 13to. Wiilffiin
3. Beatty and Clara Brown were married
in the pari: h of Rapides: this marriage wak
di-solved by the death of Mrs. Beatty, in the
lull ol 1317. Her daughter. Judith Beatty,
her sole surviving heir, married the plaintiff.
L. A. Sauton. and. iit the fall of 13ii.o, died,
leaving the two minor children represented
by the plaintiff as natural tutor, as her sole
surviv iug heirs.
Iu behalf ot these, minors the plaintiff
'bus one undivided half of the
plantation seized l>y \V. E. Leverich, the
judgment creditor of William J. Beatty, the
sale ol which he enjoins, and also claims
the proceeds of the other half on the ground
that Beatty was indebted to his wife, the
grandmother of the minors, in the sum of
$12,500 for paraphernal lands received and
appropriated by him duriug the marriage
____ the said MrsLBeatty, J||id„the
mortga'jp securing said indebtedness
on the property seized, aud is superior in
rank to the mortgage of W illiam J£. Levts
as
rich, the seizing creditor.
The plaintiff alleges that the said planta
tion was acquired oy William J. Beatty
during the marriage with his wife, Clara
Brown; that at her death one-half thereof
belonged to lier as partner iu community,
tiiere being no community debts; that th*
same was inherited by Mrs. Sauton, from
whom the minors derived title by inher
itane *.
The court gave judgment for plaintiff, per
petuating the injunction, decreeing the mi
nors to be the owners of one undivided half
of the plantation, and decreeing them to
recover from defendant. William J. Beatty,
$12,506, with rive per cent per annutn intei
est therffou from the thirty-first day of De
cember, 1817, with recognition of mortgage
upon the property of the said William J.
Beatty, dating, ranking and taking effect
from the seventh day of March, 1345.
The defendants anil the iutervenors have
appealeiL It is proved that the property
involved in this litigation was acquired by
William J. Beatty during the marriage with
his wife, Clara Brown, that the minors are
her ftraudehiidren, being the issue of tho
marriage of Judith Beatty with L. A. San
ton, aud being her sole heirs, and that tiie
said Judith Beatty died in the fall of 1.317.
The title to one undivided half of the
plantation seized by W. E. Leverich, the
judgment creditor of W. J. Beatty, is
therefore established in the minors, it being
the share of their grandmother in the com
munity which existed between her aud her
husband. William J. Beatty.
The claim for twelve thousand dollars
paraphernal funds received and appropri
ated by said Beatty as alleged, is also satis
factorily established, together with the legal
mortgage securing the same.
But it is contended that this mortgage
was not recorded, as required by law. pre
vious to the first of January, 1370.
The mortgage not being iu the shape of .i
written act or judgment, Mr. Ryan caused
to be recorded in the parish of Rapides, on
tho thirtieth day of November. 13*i:», the fol
lowing statement, to wit:
State of Louisiana, palish of Rapid, s.—
The statement of M. Ryan, being cognizant
with the facts herein stated and ot the sum
received, aud of all other matters pertinent
to these presents, shows that Lewis A.
Sauton. tutor of the minors of Louisa
Amelia and Clara Maria, the issue of his
marriage with Judith Beatty, that they, the
minors, did inherit from their mother
$12.500.Tind bearing three per cent interest
from the thirty-first of December. 1347, and
to secure to them the said sum they have a
tacit mortgage on a certain plantation iu
the State ami parish aforesaid, containing
about 1000 acres, an.I being the same plan
tation oil which William S. Beatty now re
sides: they, the said minors, also claim that
they derived the said property in tho fol
lowing maimer, to wit: William J. Beatty
married Clara Brown, tlieir grandmother,
in the year 1845, aud that immediately after
said marriage, the said William J. Beatty,
received $12,500. tlie paraphernal property
of his said wife. Clara Brown, and that the
said Beatty did use and convert to his ow n
use and benefit the said $12,500: and that
tho said Clara Brown, the wife of the sanl
William J. Beatty, died in the year 1817;
aud the said minors further claim that they
are entitled to be,reimbursed tlie said sum.
with interest from judicial demand.
Sworn ami subscribed before me this, the
thirtieth da v of November, 1800.
MICHAEL RYAN.
J. II. C. Harlow, Probate Judge.
We regard the registry of this written
statement, detailing the facts and ekeum
stances under oath of tlie claim iu which
the legal mortgage of t-he plaintiff' is based,
as a substantial compliance with the br-t
and eighth sections of act No. 05 of tin* acts
of 1800, entitled "Au act to carry into effei t
article 128 of the constitution, aud to pro
vide for recording all mortgages and privi
lege*."
The mortgage asserted bv the plaintiff is
not the mortgage of a minor against his
tutor, which the u r referred to lequires to
lie registered according to sections two utui
eleven of said act; out it is tlie mortgage
accorded by law To secure the claim ot a
married woman for paraphernal funds re
ceived and appropriated by her husband.
1'he plaintiff claims by inheritance tin*
debt and tip* mortgage dife by William J.
Beatty to his wife Clara Brown, and in
this proceeding seeks to recover the same.
We think the certified eonv of the stat"
ment was. properly received to prove tin
registry, aud. that the bill of exception* to
the ruling of the court receiving it was not
well taken. We see no error in the judg
ment. Judgment affirmed. Wyly, J.
J. A. .S. Beokhan vs. John Henderson,
heirs of A. I). Palmer, warrantors—Appeal
from the district court of East Feliciana.
In the year 13J1 or 1832, John A. I!«ek
ham. the father of plaintiff, married Jane
Coleman, who died in 1836. leaving an in
fant child. Rosana Jane Beckham. On tin
first ot November. 1833. he married Liu y
L. Smith, who died on the second oi March,
1341. leaving no other descendant but
plaintiff'; and. in September of the same
year, plaintiff's father also died, leaving
hut the two children, to wit; Rosana. by
his first wife. Jane Coleman, and plaintiff'by
ids last wife, Lucy Smith. In the year
1852 Rosana died, being at the time of her
death about fifteen or sixteen years old.
The plaintiff claims that ids father pur
chased tins iauil during the lifetime ot his
first Avife, Jane Coleman, aud at her death.
Rosana. her only surviving child, became
the owner of an undivided half of the
same: and at Rosana's death plaintiff' in
herited all of her riglris. It is uot claimed
that plaintiff or his half sister. Rosana,
was ever divested of the title to this
land by any proceeding contradictory
with either of them; but tiie answer
alleges that the defendant purchased tiie
land from A. D. Palmer on tin* twentieth
ol March. 1853: that A. 1>. Palmer pur
chased from Adam Palmer on the seventh
of May. 184!*. and that Adam Palmer pur
chased it at the probate sale of John A.
Bet kliaui, deceased, and that the same was
sold, under a regular decree of the court, to
pay debts. This probate sale was made on
the first of July. 1848. and the land was sold
as tin* property of John A. Beckham, de
ceased.
The case was submitted to a jury, whose
verdict is embodied in the decree of the
court, recognizing the plaintiff as the owner
of one undivided half of tin* land, aud fix
ing the value of the improvements at $1000,
one-half of which was to be paid by
plaintiff.
There was judgment in favor of defend
ants against tin- warrantors for $2530, and
laith the defendant and the warrantors de
mand, ranking from the date of the recep
tion of said sum as set forth.
In argument tiiev rely upon the following
grounds of defense for a reversal of the
judgment
1. Prescription of ten veais.
2. That their title to the entire tract of
land is perfect, they having m good faith
purchased the same ;it judicial sale, made
under aud iu conformity with a decree of a
court having jurisdiction.
1. Upon the point of prescription they
urge that the plaintiff was twenty-seven
years old when the suit was filed, and that
six years of prescription had unquestionably
accrued in favor of appellant-; that from
tin* death of Jane Coleman, in 1836, until
1855, when the statute was passed which,
by operation of law, accepted the succes
sion for plaintiff', with benefit of inventory
(act of 1855, 111). her succession w as vacant;
that prescription runs against a vacant suc
cession: that Adam Palmer bought aud en
tered into possession, July !, lsj.s. and that
six years and eight months elapsed before
the legal acceptance of the succession (or
the plaintiff by the act of 1855; that this
acceptance did not interrupt, but suspended
prescription: and that, therefore, adding the
two periods together, we have twelve years
and eight mouths of time, during which
prescription ran, betwei n tla* posses-ion of
Adam Palmer aud the beginning ot the suit-.
The answer to this ingenious but unsound
argument is, that the succession of Jane
Coleman is not vacant, as contended for.
lhe authority cited to prove that it was,
l oultuey vs. Cecil, 8 Louisiana. 321. was
decided under the code of 1803. It that code
were still in force, the defendant's syllogism
would he less defective.
But under tlie code of 13*2.5, the heir bc
cotucs seized ot the possession bv operation
, i ' , tlie moment it is' opened bv
tlie death ot tin* ancestor, before taking any
steps to put himseli iu possession, or ex
pressing any- willingness to accept, anil even
though ignorant that the succession has
been opened in his favor (Civil Code, 934—
. .
tically identical with those tn the case at
M; it was held th*4j|M^a'iEMwn i was_8ite'
pended nU tlie f a ?FWallMVTOFJWSi
20. 1825, the date of promulgation of the
Latter code. The res a*#* must
therefore fail.
2. Upon the second point the appellants
urge that the property iu di.-pute was in
ventoried as the property of John A. Beck
ham; that his administrator applied for aud
obtained a decree to sell the same to pay
debts ; that the decree came from a com
petent court: that the sale was made and
Adam Palmer became the purchaser: he
sold to A. 1). Rainier, and A. D. Palmer to
the present possessor, John Henderson, and
that this decree, under which the probate
sale was made, protects the purchaser in
such a way as to give him title uot only to
Hie portion of tiie laud which belonged to
John A. Beckhams succession at the
moment of sale, hut to the portion which
at that moment belonged to some one else :
and in support or this posit,on we are
referred to the case of L ihnuue's heirs v-.
Moreau 13 La. 431, and to other cum*
which follow the principle there settled.
We do not understand the decision cited,
and tiie numerous decisions which have
been bused upon it. to settle any other prin
ciples than these: That informalities prior
to a decree would not cause it to be a nul
lity. the court having jurisdiction, anil that
such a decree cures preceding irregulari
ties, anil us to them, protect* the purchaser.
But we hay e uot been refet red to any au
thority, nor do «e think any ought to exist,
declaring a decree of sale in tlie succession
of A., and a sale thereunder of property
which belongs, uot to A.'s sueces-or, but to
B„ can preclude B. from showing the facts
and recovering his own. Jugmeut affirmed.
Howe, J.
J. B. KNIGHT.
W.............barnDitt KrNt...
11
fieUz wti km da ot
MACHINERY'
Qeaerv Southern Agent for
Wntertetrn Steam Kiflae Cempaay,
Builders ot
■xeeletor Patent Portable Bugtae, with OyliaSee ll
Dome, Leeomotrie Boilers,
Plantation and Farm Kagiaaa.
Mounted on Wheel*, with Spark Arrestee.
STATIONARY ENGINES
Of eU Slavs
With Flue, Tnbuler or Locomotive Boilers.
Improved Reversible Circular Saw Mills*
Con be set up either Eight or Left Beaded, with eat
Altering sny pert of MUI or Carriage.
t. D. BROOKS' tn, pro red Joiuraa
Shafting.
Turbine Water Wheat
Hangers,
Pelliee,
Car Wheeta,
Miii Work
At. the above are bail! under the persons, rapes
viaiou 'S MR G BRADFORD, the Pioneer in
Portable .8team Engine Building,
Which euaV.es them to produce
MACHI.VRRV CNSl'RP433SD BT ANY
SOUTHERN COTTON GIN,
Manufactured by
J. E. CARVER * CO,
Bridgewater, Massachusetts.
These Gins have been in use for many years, aad
rece.ved the highest MEDAL awarded at the
Parle Exposition,
And ere built under the superintendence of
Mr. J. E. Carver,
The oniy person of the name who is engaged in the
manufacture of COTTON GLNS,
J. B. KNIGHT, Agent,
Bo 76 Caroudelet street
Also the following from the BEST
Sugar Mills, Evaporators Sugar Kettles. Portable
Cotton Presses, Newell Screws, Corn and Wheat
Milts, Seed Carriers, Horse Powers, Belting, Sawn
Broom Cara Thraahera,
To run by hand or power.
Broom Can Bern pars.
Wood Working Machinery, end ail Varieties el
Mill and Plantation Machinery.
W. H. SEAMAN.
J. B. KNIGHT,
lets lySp Mo. 76 Caron Aelet street.
6-2.
ZABLE & DALTON,
.(.amp Street—...
.....Bd
MANUKACTLEhRS OF Tt.v
WARE.
AND JAPANNED
P.tovea, Gratae,
DEiLKit- IX
Ho.se Furnishing Goods
AlfEKTS EOR
AlfEKTS EOR
The Times Cooking 8:ores, Bramhali. Deane
ii Co.'a En rop-an Ranges and Boilers.
Asbestos Booting; Arbor,
Bird and Animal Cages.
We are now manufacturing aii kinds of Bath
Tubs, Toilet Ware, Water Coolers, etc., which we
aie selling at lowest market prices.
ZABLE A DALTON.
ap6 lv 3*2p No. Fi Camp street.
DOOLEY'S YEAST POWDER
Ts now almost universally used in the Kitchen, the
Camp, the Galley. It is not only the best but the
Cheapest Baking Powder, and is unequaled for the
production of elegant and tv holt-seme
ROLLS, BISCUITS, BREAD,
tiriilille CnkeH. Raffles, Dumplings. Etc.
Composed ot t!.c purest and best materials, and
put up in Tins, which are, to all iuteats and pur
poses, impervious to the action of weather aad
time.
It Will Keep far Years In Any Climate,
To those who have never used it, we say give it
a fair trial, and our word for it, you will thereafter
use no other kind.
Put up in quarter pound, halt pound, oue pound
aud live pound cans, actual weight.
Sold Generally by Grocers, Ship Chandlers
aad Dealers.
DOOLEY & BROTHER, Proprietors,
Wholesale Depot 69 New atreet, New York.
uo2« 4m cod :p
a; *. zi.hA co.
91 and 99 ('anal Street.
•'JEWKLB** "Mrnr Bitraartatmaf.
Mj. JOSIiPH B».JrikLKR lute entire charge *f the
* W«feh Department.
Watches, Clocks aud Chronometers repaired and
adjusted.
Mi. GUS. KONTAG '.las entire charge of the
Masonic Department.
Masonic Jewels. Books and Regalia always on
hand. Seals and Presses for Lodges, Notaries,
Banks, etc., promptly executed.
Mr. JOHN 8TUMPF has charge of tiie
Jewelry Manufactory.
D.araouds reset and Jewelry qarefuUy repaired.
Mr. ('HR. KUOHLKK lias charge of the
Silverware Manalaotory.
Silver Prescntatiou Pl.de made to order; Bodges
for Societies. Clubs and Companies promptly «ie
sijmed un i e veatvd.
The Very Bent Pebble ?»profile I e* on hand*
We import all £oo«l» direct from* the fadone*.
nninnfaetnn* on our premises, and offer our Block at
price* tii it can not hr uud^rsold.
C. H. ZIMMERMANN & CO..
.i*24 3m 2p 94 and !*6 Canal Street.
.i*24 3m 2p 94 and !*6 Canal Street.
C0EP0EATI0NS.
iHAKTRK
—CHARTER
STATE OP LOUISIANA. PARTS!! OP ORLEANS.
CITY OK NEW ORLEANS.
r»e it known that on this sixth day of March, in
the year of our Lord one thousand ei^ht hundred
and seventy-one, before me, Tjiomas Jefferson
Beck, a notary public in an 1 forthepansb and
State aloresaid. dmni: diated in said city of New
or any duly c'uninissioned and ij'.alitied, aud in
presence of tile witnesses hereinafter named and
undersigned, personally came, and appeared the
parties whu.v nain.-s are .subscribed hereto, who
sever illy declared that availing themselves of tiifc
provisions of the laws of the State of Louisiana rela
tive to the organization or corporations in tiie said
M.iie. they ha\ e covenanted and agreed, and do by
t iipse presents covenant ami agree and bind them
?eiv«s and those whom they represent to form them
>♦ lv(*s into ami constitute a corporation toi
under tlie stipulations and articles
ov. mg. to it:
ARTICLE I.
The naim-and style this corporation shall be
The naim-and style pi this corporation shall be
■ 1 •• New Orleans, Florida and Havana Steamship
t'••iiipapy.' Tin- place chosen tor Its domicile is
the t :y of Nrw Orleans. ;u the State or Louisiana.
Mid corporation shall have and enjoy succession
bv its « orporatc inline: shall contract, sue and he
sued: sliaH hav. power and author'ty to make and
ti «e a corporate sea! having for a device the coat
oi-aims of the t'mted States, and for an inscription
the name et the corpora! 1 on. ft shall hold, receive,
;>mcha.sc f sell and otlierv ;>e convey under its cor
porate name property both real and personal,
movable aud immovable: .shall name and appoint
sm il managers, directors and officer* as its interest
and convenience may require; it shall make and
e-fablisli such by-laws, rules and regulation- for
the proper management of its business and affairs
as may be necessary and proper, and shall jmsse-s
generally all such powers aud privileges a* are
given >y law to corporations.
ARTICLE U.
The object aud purpose of tlie company arc de
clared to be tlie navigation by steam of the i»ulf
of Mexico, the Atlantic Ocean, and the rivers, bays,
sound* and waters adjacent or tributary tliercto.
between the lollowing j Kilts: Now Orleans. Louisi
ana; Cedar Keys, Florida; Key West. Florida; Ha
vana. Cuba: or between any two or more of them
or any other jiorts or places upou the coast of the
Atlantic Ocean, tho Gulf of Mexico, or the waters
uioutary thereto, together with the ]»orts of the
W*st Indies, and connecting with any rail or water
line or lines from or to any such ports, by building lot
taeir us«*. equipping, fitting, purchasing, charter
ing navigating, and owning, vessels to bo propelled
solely or partially by tiie power or aid of s'eaui. or
by wind or otherwise, to !»e used in ail lawful com
merce and navigation between tlie poits aforesaid,
or between any such of them as iu the judgment ot
the directors *t this company may be ©xiiedient.
and upon the ot can and seas, and lor the transpor
tation of passengers, freights and mails thereon,
between said ports: and to a« <jnire and hold real
or personal property for its own proper use aud
benefit.
ARTICLE III.
ARTICLE III.
The president ol the
li lted as
iffici
;al process
ompau> is hereby desig'
i»m citation notices and
served.
The capita
ARTICLE IV.
r tlie
fixe
he -um of two humired and titty thousai.
(wi'.OUO) dnllai>. divided into two thousand fire
hundred shaivs ot one bundled /$100; dollars ea« h
* wenty-nve ja r cent <u which shall lx* paid in cash
at t:ie time of signing this duirti., and the remain
der ::: ,-uieh mam u ; the Board of Di ertors shall
hereafter determine* Au •■ share or si i a res of stock
of said compau'.'on which anv iustallment shail
lemain due and u:.i>u:d for fifteen day* alter tip*
da . hx«*d i»v the K *»aid of Directors for tin* pay
ment ot said in>ta:;ment. toother with all the par
tial pa> nii iit.-* tii::' nun h:n*t» been made on said
x*ih k shall, ip.-o facto, became forfeited to said
ARTICLE V.
This coijioration shall exist for the term Of
tv nfy-riyears ;.n!e*s soner dissolved as pro
vided for in Article IX of this charter.
ARTICLE VF.
Tl« power-« of th» coi*poratio:i are v« ste*i f:i tin*
Presidmi! and Board of Dueftors, consisting of
en siockh*»;dei *». w ho shall be elected annually
on the thud Thursday of the month of Fchniaiy:
n each yen:. b% the stockholders, at such place .11
the 1 it "of New Orleans as may be selected, after
ten days advertisement in at least* two uewsi»apers
p * Bribed ut tl.c city of New Orleans. Any stock*
i.o'.tie: shall !*■ eligibh as a director, provided that
Tt-: shares of tin-stock of tlie company is owned
bv him or his commercial firm. All elections o;
directors shall he l»v ballot, and held under the
super'intendeiice of .. eominittee or three stoi k
hold* is, to be appointed by the Board of Directors
ortt.-ide of their own IhmIv. Every bona tide owner
o: stock shall le* entitled tooniy one vote for eve 17.
share owned by him. her or tiiem, up to the num
ber of two hundred and filly shares, lmt shall be
entitled to only one vote for every three shares
owned by ii m, her or them, in excess of said
amount of Jtwo hundred and fifty si 1 area: provided
that no person shall be entitled to vote on any
share or shares of-dock that have not stood in h s,
her or their names 0:1 the books of the company
foi sixty days prior to any aneh election. Every
stockholder to Ik* entitled to votemt an* election,
by proxy, provided the authority be in w riting.
ARTICLE VH.
Tie- coniTKiny shall commence operations when
e ,r one inmdred and fifty thousand ($lbO.iX'O)
dollars of the capital stock thereof shall have
been suhserilx*d. Ni» certificate of stock shall bo
v pan
tin* 1
and no transfer of less than one share of The cap!
tkieeot shall be the books of
tin* 1
and no transfer of less than one share of The cap!
tai stock tkieeot shall be made on the books of
said coinpauy.
ARTICLE VIIL
No stockliolder shall ever be. liable 01 responsible
for tlie contracts or faults of tins coi]*oratioii in
any further sum than the unpaid balance due to
the coinpain un the shares owned by him: nor
riii.dl 4Uiy mere iufonuaiity iu organization have
t ie effect o: rendering a charter null, or of expos
ing a stockholder to any liability beypnd the
amount ot his stock
ARTICLE IX.
Three-fourths ot the stockholders iu eapital, at a
genera! meeting to he convened for that purimse,
after'thirty days notice in two newspapers, shall
have the power to make any modifications, addi
tions or changes in this act of incorporation, or to
increase its capital, or to dissolve it: and for this
purpose any holder of certificates of stock to the
\alu« «»f one hundred dollars shall be considered a
stockholder, and shall vote, as proscribed in article
8-ix: and any and all such modification, addi
tion. c hange or dissolution shall be rendered as
required bv law. A *
ARTICLE X.
At the expiration of tne term of this act of in*
corporation, or at its earlier termination, as pro*
vided in tiie preceding article, the affairs of the
company shall be liquidated, its debts anil al!
ot nor liabilities pah', and the balance of its funds,
i! any. shall be divided pro rata among the stock
holders. under tlie charge and superintendence of
three commissioners, to be appointed by the Board
or Directors, who shall continue to act until tlie
business of the company shall bd entirely closed
amt liquidated: and m the case of the death of
either one or ! wo of them, then the survivor alone
shall act.
ARTICLE XI.
The Board of Directors of this company shall
elect annually at their first meeting a president,
and they shall also elect such other officers, clerks
or agents as shall be necessary to carry out the
business and objects of said company, for such
time as they may choose; they shall fix the salaries
of all officers, aiid the amount of security to he
required from each. The board shall have 1 tower
to till vacancies caused by death, resignations or
insolvency of any of Its members, and sliaH accept
subritltutes for any ot its members at their request
w ho may he absent, provided this power to act be
in writing.
The following named seven |»ersons shall consti
tute the tir-i Beaiil of Directors, and they and all
future boards and presidents shall hold their seats
UDtil their successors shall have been elected and
qualified in accordance with article six.
ISAAC' N. MARK.*, MAGIN PITG.
Ji LII S VAJKfN. PAUL roURCHY.
WTLLiAM P. I LVDE. ISAAC K. ROBERTS,
JOSEPH H. OGLESBY.
ARTICLE XTL
Tl# principal ohject of this company lieing tho
transportation of mails, freights and passengers
between the ports of New Orleans. Louisiana, Cedar
Keys and Key West. Florida, aiidHHvana, Cuba, the
steamers and other vessels belonging to tlie com
pany shall not »*e used for any other purpose tor a
period longei than thirty days, if objected to by
stockholders representing one third oi the capital
stock.
This done and passed at iny office, in tlie city of
New utleaus. in the presence ot William B. Klein
j*eter aud Algernon Beck, wituesseaof lawful age,
domiciliated in this city, who sign these presents
a- sucli, together with the said appearers; and me.
the said notary, on the day and date first afore
writ
For names and amount 1
dice is made t<* original a
(Original signed)
W. B. Ki.kim-aTkr.
A. k s. Bkck.
>f stock subscribed, refer
:t ot incorporation.
Thomas j. beck.
Thomas j. beck.
Notary Public.
A true ami correct copy of tho original act ot in
corporation ot record in my office.
THOMAS J. BKCK.
_ . Notary Public.
New Orleans, March 13. A. D.. 1871.
I. the undersigned, Recorder of Mortgages for tin*
city and parish of Orleans, State of Louisiana, do
hereby certify that the foregoing act of incorpora
tion has been this day duly recorded in book
society No. 8, of this office, in accordance with law.
C. DARCAKTKL. Depute.
New Orleaus. Marsh 13,187L mill4 21 28ap4 U
AUCTI0N
sales.
*. JL * J.
^JCST RECEIVED AND FOR SALK BY
K. M. & 13. J. MONTGOMERY,
No. 87 Camp Street.
500 Life Preservers.
1000 common Bedsteads.
500 Biz-toot CotUtge Bed Be
4rn scven-*oot Cottage Beds.
KfOO dozen cant-seat Chairs, in boxes.
3no dozen kiiwk*d#wn Wood Chairs.
1500 dozen assorted Chair* and Rocker* Set.
Also, a large and well-selected stock of
PARLOR, BKDROOJL DINING-ROOM AND HALL
. F'L RNITL'Rh, F'BISNGH AND GKRMAN
PLATE. GLASSES. mL."> lw
SALK ON TWELVE MONTHS BOND.
VALUABLE IMPROVED SECOND DISTRICT PROP
ERTY $T AUCTION,
TO THE HIGHEST BIDDER.
SUCCESSION OF AARON HARRIS—No. 33.113.
B V tt. M. & B. J. MONTGOMERY,
B. J. Montgomery, Auctioneer—Will lie sold
on SATURDAY, April 1, 1871, at twelve o'clock M.,
at the St. Charles Auction Exchange, basement
St. Charles Hotel, by virtue and iu pursuance of
an order of the Hon. Louis Dnvigncaiiil, Judge ut
the Second District Court lor the pariah of Orisons,
dated July 23, 1870. No. 33,113 of the docket of said
court—
A CERTAIN LOT OF GROUND, together with the
buildings and improvements thereon, consisting «»f
.1 three-ritory brick residence known as No. :'»5
Bourbon 'street, situated in the Second District of
this city, in tie* square hounded by Bourbon, Cus
tomhouse, Bienville anil Daitphiue streets, measur
ing 27 feet six inches, English measure, front on
Bourbon street, by 120 feet in depth. French me.is
ure.
Terms and Conditions of Sab-—The above prop
ert-v not having brought its full appraised value on
Saturday. March U. 11*71, will hi- sold to the highest
bidder for what it will bring, on a credit of twelve
month.-*. The purchaser to give his bond, dated
from the day of sale, at twelve moutlih. bearing
five per cent interest, with good ae< urity, to be ap
pioved by tlie re presen tat lM* of the estate. The
amount of cost, say to lie paid iii. carih, and
deducted from the price of adjudication.' Ti e
property to be mortgaged to the amount of the
bond, and kept insured, and policy transferred to
the estate.
Act of sale, including the revenue stamps,* at
the expense of the purchaser, before P. Charles
Cir illier. notary public. nihl4 1.1 25 31 apl
HOUSEHOLD FURNITURE. PIANOS, CARPETS.
ETC., AT AUCTION.
B V R. iM. A Be J. MONTGOMERY. AUG
tioneert.—Will be sold on every SATURDAY,
TUESDAY, and THURSDAY, at tlie Old Auction
Mart, 87 4'amp street, at eleven o'clock—
A GENERAL ASSORTMENT OF NEW and SEC
OND-HAND FURNITURE, such as Rosewood
Mahogany and Walnut Bedsteads, AmiOirs, Bu
reaus, Washstands, Parlor Furniture, Marble Top
Centre Tables, Carpets, French Plate Mirrors,
Mattresses, Cooking Stoves, etc.
ALSO.
A large invoice of. Cottage Beds, Cane aud Wood
Seat Chairs. Also. Upright aud Square Pianos of
Pleyel, Favre and other manufactories.
ALSO,
AN IMMENSE STOCK OF. NEW FURNITURE of
all description at private sale.
Terms—Caeb _ . , _ no9
_ . , _
By Alfred Bouligny.
SUCCESSION OK WIDOW J. VALIKKXE.
Second District Court for the Parish of Orleans—
No. 33,252.
B V ALFJtKD BOI LIGNV, AUCTIONEER—
Office No. 3 ; _* Caroudelet street, back office.
Will be sold at auction, on SATURDAY*. March 13,
1871. at 12 o'clock M.,at the St. Charles Auction
Ex< liauge, in tlie rotunda of the Charles
Hotel, ground Hour. St. Charles street, between
Common an'd Gravier streets, by virtue and in
imrsu m« e of an oi»U*r from t-he Hon. Louis
buvigiuMiid, Judge of the Second District Couit
i »r the parish of Orleans, dated February 1.
1 ;?l. No. 33.252 cf the docket of said ( ourt. the f«d'
lowing described propcity. situated in the Thai!
District ot tins city, belonging to tlie succession ot
widow .J. Valienne. to w it—
ONE LOT OF GROUND, situated in square
bounded by Levee, J unionville, Adams and Monroe
streets, designated by the number three, meas
uring. American measure. 33 lee-t, 3 inches aud »i
lines front on Levee street. 143 feet 9 inches in
depth oil the side toward Adams street, 15:: feet. 10
inches and 7 lines on the other side line toward
Monroe street, and 33 feet 6 inches 011 the rear line,
together with all the improvements thereon: the
w hole according to plans which will be exhibited
on day of sale.
Terms—Cash.
Act of sale before A. Pitot, Jr., notary public
the expense of the purchaser, inclmliug the United
States internal revenue. fell 13 25 marll 13
By William De Lacy.
• .'ARE FOR A PARTITION
»F
VERY VALUABLE PROPERTY,
CORNER <>K ORANGE AND PETERS STREETS,
AND CORNER OK JOSEPHINE AND CON
STANCE STREETS.
SUCCESSION OK WILftELM SCHAEFERS; MARY
Schaefers, wife of George W. Yeung, vs. Anna
Fink, wife of J. Joachim, and J. Joachim, her
husbaud, et al.
B y william DF LACY* AUCTIONEER
office No. 25 Commercial plase—SATURDAY,
April 1, at twelve o'clock M., at tlie St. Charles
Auction Exchange, basement rotunda of the St.
Charles Hotel, will lie sold at public auetiofi. by
virtue of a judgment in partition rendered bv the
Hon. Louis Duvigneaud. Judge of the Second Dis
trict Court tor tlie parish of Orleaus. in tlie above
entit'ed suit, rendered tenth February. 1871. and
signed sixteenth February, 1871. the following real
estate, to wit:
1. ONE LOT OF GROUND, with the buildings
and improvements thereon, situated in the First
District of this city, forming the corner of Orange
and Peters streets, iu the square hounded by Pe
ters (late New Levee). Tchoupitoulas. Race and
Orange streets, designated by tho No. 6. on a plan
made by f. A. de Armas, oh May 3. 1859. ami de
jMisited in the office of A. Doriocourt. uotarv. iu
this city, according to which plan the said lot
measures 72 feet 3 inches and 4 lines front on Pe
ters street. 154 feet front on Orange atreet. 141
feet 2 inches and 4 lines on the line dividing it
from lot No. 5, and 3ti feet ti inches jnid 1 line on
the rear line.
The buildings and improvements consist of a
one-story frame and a one story brick building,
known as No. 494 Peters street, used as a coffee
house. and adjoining the Star Cotton Press.
2. ONE LOT OF GROUND, with all the buildings
and improvements thereon, situated in the Fourth
District of this city, forming the corner ot Joseph
ine and Constance streets, in the square hounded
by Constance (late Live Oak). Magazine, Josephine
aud St Andrew streets, and is designated bv the
No. 1. on a plan drawn by H. Moelhansen, April 7,
1847, and ihqiositeil in the office of T. O. Stark,
notary iu this city, and measures 33 feet, 11 inches
and 3 lines trout on Constance afreet, by 1 oh feet 2
inches and 3 lines in depth and trout on Josephine
Street, between parallel lines.
The buildings and improvements thereon consist
of a two-story frame double tenement bunding,
known as No. BIT Constance street, containing
seven rooms oil each side, sheds, cisterns, etc. Tlie
cornel is occupied as a grocery, aud the side ad
joining as a liUiey store.
Terms and Conditions—One-fourth cash, balance
011 a credit ot one. two and three years, payable in
tin* notes ot the purchasers, in equal
installments, with interest aft the rate of
eight per cent per annum front the date of sale un
til final payment, secured by mortgage on tii* prop
erty sold: mortgage to contain tlie clause of five
percent attorney's fees in ease of suit; the prop
erty to lie keot insured and policy transferred.
Aids ot sale aiul United Mates revenue stamps
bel ore Joseph Cohn, notary public, at the expense
ot the purchasers. mill 11 18 25 apl
By Charles E. Fortier.
SUCCESSION OF MRS. MARGUERITE VINEXT,
ON APPLICATION FOR A PARTITION.
SeconU District. Court for the parish ol Orleans—
No. 211,526.
B y ciiaui.es e. fortieh, auction
>•01— otlici No. 2 -i Em-huuac phie«,—SATURDAY
Aprils, 1H71, .it twelve o'clock M.. at the Roval
street Auction E'-rh.uiqf*, formerly the Bank of
Louisiana, at tie-corner'of-Royal anil Conti strceis
will he sort al public auction, hv virtue of a jn'la
ment remlercil b.y the Honorable Louis Dim ■■ncaiul
Judae of the Second District Court lor the parish'
of Orleans, on the twenty-seventh February Iftil
and stalled «'i the third March, 1671, tlie follow in.;
described property: ®
A . KRTAIN LOT OF GROUND, together with
all t lie buiblunts and improvements tliereon. situ
ated in tlie new tauhourg Maiiqnv. iu the Third
District of this city, farm mo a part of lot desi"
No. 1(1 of Bquarc No. IS. which ie
noted by the ... ln , wn , c s i.
hounded by (ioodc
a part of lot desi"
No. 1(1 of Bquarc No. IS. which ie
noted by the ... ln , wn , c s i.
hounded by (ioodc hildren, French men, Klvsion
Khehls and Morales streets. Said lot measnr."
(French measure) 25 feet Iront on Goodehildreu
Street, and .No teet deep, and is hounded on one
side by lots Nos. 89 aud 90, aud on the other hv the
remaining portion of lot No. 91. Tlie buildinza
shoes* °* * ,W6 8tolv *rame house, covered wiFh
Terms—Cash in United States treasury notes.
Act of sale lw*lore A. J. Lewis, uotarv public 'it
the expense of the purchaser, Including United
States stamps. mh7 15 25 apl 8
AUCTION SALES.
■At. lt TO A HFFMCT PARTITION.
VALUABLE PROPERTIES IN THE SECOND AND
_ third wstriotrl
KULALIH LABORDE, WIFE OF E. G. SANDF-R.
administratrix of the succession of
WIDOW B. LABORDK VS. HEIRS OF B. LAB
ORDK, FOR A PARTITION.
Second District Court for the ParishsH Orleans—
No. 34,301.
B Y CHARLES K. FORTIER. AUCTION
eer—Office No. 25 Exchange place— rHl.HN
DAY April 13, 1871. at twelve*o' lock M , at tlm
Royal sweet Auetiou r.xcnnege tormeriy th.*
Bauk of Louisians, at the corner of Rojal and Conti
streets, will la* sold at public auction, bv virtue ot
a judgment rendered by t he Honorable Louis Du\ e
gn.-'iimh Judge of the Second District Court lor the
palish of Orleans, on the tenth ol Februaiw 18..
and signed on the fifteenth of February, l.TTr, the
following desrrihed properties, yia-r
1 A (%RTAIN LOT OF GROUND, with all the
buildings and improvement, thereon, situate on
Frem liuien street, between Victor' and ilmt.nl
streets, in the Third District of this city: said lot
measures, in Amerieau lneaaur*-, forty-two teet.
seven iw lies, and four-eighths ot a !me tioiit on
Krenehnieu street, by 127 leet, ten lnehrs.andti'e
eialitlis of a line in depth, between parallel lines.
Tne 1 muse hears the N». 24 Freiiehuieii Street.
> A CERTAIN LOT OF GROUND, with nil tne
improvements tliereon, situate in the new tan
hourg Mariguv. In this city, designated by the Ne.
9 of siinuie No. 33. 8ai>! lot tonus the corner of M
Antliony audGirodstreets, and nieasaTCS, in Ftein ii
measure Jl feet front ou »t. Anthony street o.y 120
feet m deptli and front on Girod street.
3 A CERTAIN LOT OF GROUND, with all the
improvements thereon, situate in the new tan
hour'' Marieuy, of thiseitv, designated bv the No.
pi of squilfE No. 33. Raid lb* measures 32 feet front
o i St \litiiony street, between 1'iquhart and ' lirotl
streets, l>y 127 fe^t 10 iuelics and 5 hues depth,
American ineasure. . , ,,
4. A CERTAIN LOT OF GROUND, with all thn
iiiinrnveineut* tliereoq, situate in the new lan
I,iiir< Marignv, of this city, designated hv the No.
11 of square No. 33. Nniil lot measures, in
American measure, 32 feet trout ou St. Anthony
street, between U'rqiihart and Girod streets, by 127
feet 19 inches and 5 lines ill depth.
5. A CERTAIN LOT OF GROUND, witu all the
ri dits. ways and advantages belonging, situated
la tin Second District of this city, in the square
bounded bv Carrollton avenue, Nt. Louis. 8t. James
mid Conti stri-ets, designated by the No. 12. Saul
lot measures 30 feet front on St. Louis street, by
I !u feet 8 inches aud 5 lines iu depth, and forms tlie
cornel- of Sr. Louis and St. James streets.
Terms—Oue-tliird cash, and the balance at
one ami two 'ears, in equal installments lor notes
secured by vendor's privilege, aud special mortgage
on tin* property sold, bearing eight per cent inter
est per annum from date to payment, the buildings
to be insured for the amount of the notes, and to
he transferred to plaintiff for aeeonut ot whom it
may c imeern, tlie purchaser to pay attorney's tee s,
uxed at livelier eent, iu ease ot Oil it to enforce
pay ment of the notes. Said tees to lie secured like
the notes, aud the purchaser to assume all taxes
Act of sale before Joseph Cohn, notary public, at
the expense of the purchaser, including United
Mtatea internal revenue stamps. .....
lnlill 21 31 ap4 13
VALUABLE PROPERTY ON MAGAZINE STREET.
Succession of Francis Drake Clarke.
B Y CHARLENE. FORTIER, AUCTIONEER,
Offic e No. 25 Ext liauge place—SAT L RDA\ .
March 25. 1871, at twelve o'clock 51., at tin* St.
Charles Aueflon Exchange (rotunda St. Charles
Hotel), on St. Charles street, between Common and
Giarier streets, will be sold at public auc tion, by
virtMe of an order from the Honorable Louis
Duvigneaud Judge of the Second District Court far
tIu* parish of Orleans, dated February 17, 1871, the
following described property, to wit—
TWO CERTAIN LOTS OF GROUND, together
wi'li all the improvements thereon, all the rights,
wavs and privileges thereunto belonging, or in any
w ise appertaining, situated jn the Citv and parish
of Jefferson (now the Sixth District of the parish
of Orleans), designated by. the Nos. 10 and il ot
square No. 21, bounded by Nlaiengo, Magazine. Live
Oak aud Milan streets, as per .lithographic plan
deposited in the otffee of A. Mszurean. notary pub
lie, iu New Orleaus. Naid lots adjoin each other,
anil measure each thirty feet front on Magazine
street, by a depth of oue hundred and fifteen teet
between parallel lines.
Terms—Cash in United Stab's treasure notes.
Act of Bale before K. 1!. Hogan, notary pub
lic. at the expense of tlie purchaser, including
stamps. ft-2i niiri 11 1 > 25
PROPERTY ON CARONDKLET WALK.
SUCCESSION OF LOUTS BREVIER.
B Y CHARLES E. FORTIER. AUCTIONEER.
Office No. 25 Exchange piece.—SATURDAY.
Api il 1,1871, at twelve o'clock M., will be sold at
public auction, at the Royal Street Auction Ex
c.i.ingu. formeiiv Bank ot Louisiana, at the corner
of Roy al ami Conti stieets, by virtue of an order
fiom the Honorable the Second District Court tor
tlie parish of Orleano, dated February 8. 197' —
TWO LOTS OF' GROUND, situated in the Sc. oml
District of this city, designated by the Nos. 193 and
194. in square No. 10, bounded by Caroudelet walk.
St. l'etei . Boehehlave and Dorgenois streets. Said
lots adjoin each ether, and measure, in Amerieau
measure. .10 feet 3inches trout on CaTomleh r walk.
3" feet in width ii» the rear, and of tne following
depth: Lot No. 190 filenames lofi feet 2 inches aud 3
lines oil tlie line separating it from the Dorgenois
street side of lot No. 192; lot No. 194 measures Ml
feet 10 inches aud 5 lines on the litie separating it
from lot No. 193. and 97 feet 6 inches and 1 line on
the line separating it from lot No. 195; Together
with all the buildings and. improvements thereon,
rights, and .ways.
Terms—One-lialf c ash, and the balance at a credit
of one oml two years, for notes secure*! bv mort
gage. and bearing eight per cent iuteiest per an
num from date to payment.
Act of aulc liefore William H. Seymour, notary
public, at the expense of the purchaser, including
stamps. _ le2H mil 11 13 25 apl
VALUABLE PROPERTY ON JOHNSON STREET,
HKTWKg.v
DUMAINK AND ST. ANN STRF1E5
SUCCESSION OF BENJAMIN FAITH.
Second District Court for the parish of Orle.u.
B Y CHARLESE. FORTIER. AUCTION!
Office, No. 25 Flxcluiuse place—SATURI
April 8, 1871, at twelve o'clock 31.. will be sol
public auction, at the Jioyal street Auction
change (formerly Bank of Louisiana), at the i oi
of Royal ami Couti streets, by virtue of an o'
from the Hon. Louis Duvigueaud. Judge of
Second District Court for the parish ot Gra
dated twenty-fifth February, 1871, the foiiov
described pn»i>erty, to wit—
Two eertaiu lots of ground in this city, in
faubourg Trerne, in the square comprised wi:
Johnson. Maine, St. Ann and Oulvei streets, d<
dated by the Nos. 85 aud 88 of square No till
said lots adjoining each other aud lue.isui
(French measure) to wit: Lot No. 85 . 30 feet f:
on Johnson street. 31 feet two inches and 1 1;ti
the rear line which divides it from Mrs. Pouinl
property. 171 feet 10 inches and 4 lilies in d.
on the one side, anil 161 feet 2 inches and 7 line
deptli on the other side; and lot No. 86, jo
Dont on said Johnson street. 31 feet 2 inches i'
line on the rear line, 132 feet 6 inches and I ii
111 depth on the side ot St. Aanstreel. 171 fe.
inches »nd( lines also in depth on the side tow
Maine street: together with all the buildings th
on. thereto attached or iu any wise appertain:n
Terms— < ash in United States Measure notes.
Aetsot sale, !«• fore Oc tave Morel, notary- pul
at toe expense of purehasers, mclcidum Vn
State s ic-v.-nue stamps. ndi7 15 25 apl
VALUABLK RESIDENCE,
NOS. 306 AND D»>3 ST. ANN STREET, BETWEEN
CLAIBORNE AND DERBIGNY STREET.'
SUCCESSION OF A. J. C.U1ROT
Second District Court for the parish of Orleans—No
34,269.
B Y CHARLES E. FORTIER. Auc
tioneer.—SATURDAY, April l. 1171, at twelve
oclock M., at the Koval Street Anctioii Flxi '.ange
(tormery Bank ot Louisiana), at the corner of
Conti snd Royal streets, will lie sold by virtue
of an order from the Honorable Louis Duvigneaud,
Judge of the Second District Court for the palish
of Orleans, dated twenty-fourth ol K. hruarv. 1.J71,
the following property—
A CERTAIN LOT OK GROUND, together with the
buildings and improvements thereon, situated in
the fouimurg Treme ot this city, in the sc mare
bounded by St. Aim, Orleans. Derbignv and l'Ui
horiie streets, aud designated as lot No.'9<>| square
No. 76. and measuring, m Amerieau measure. 31 feet,
11 inches and 5 lines front on St. Aim strew leva
depth of 74 feet 4 lines upon the lim-which sep
arates ii from lot No. 8, anil 73 teet In inch* s and* I
line on the line which separates it from lot No 12
and from part of lot No. 13. Subject to the right of
usufruct tor life in favor of Eugenic- Lac mix as net
act before .T.Cux'ellier notary public, dated twenty
first December. 1*44, tlm usufructuary being hound
hv eoutrat t to make all rvpaim, and bv law to p,»y
all taxes un the property. ** y
Te rms—( ash In United States treasury notes.
nnbib* it n«b Pf ° r f' Ge ° rs '' W Christv, notary
public, at purchaser a expense, including revenue

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