Cooney's Heirs v. Clark
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. The plaintiffs are the heirs and legal representatives of John Cooney, deceased. The widow, as tutrix of her two minor children, commenced this action to recover from the defendant two slaves, Lucy and Nelson, who, they allege, belonged to their father in his life-time, as appears by an act of partition between them and theft sister Mary M., wife of Vincent Vaughan.
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APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. The plaintiffs are the heirs and legal representatives of John Cooney, deceased. The widow, as tutrix of her two minor children, commenced this action to recover from the defendant two slaves, Lucy and Nelson, who, they allege, belonged to their father in his life-time, as appears by an act of partition between them and theft sister Mary M., wife of Vincent Vaughan. The plaintiffs further allege, that the defendant has illegally and unjustly taken possession of said slaves, and refuses to deliver them up.…
1Opinion of the CourtMathews, J.
This suit is brought to recover two slaves, named Nelson and Lucy, and described in the petition as the property of two" of the children of the plaintiff, who represents them'as natural tutrix. They claim as heirs to the succession of their deceased father.
The defendant, in his answer, sets up title under a sheriff’s deed, which appears to have been made in pursuance of a sale by execution, wherein the property was seized as belonging to the mother, to satisfy a judgment which had been obtained against her by one Morris, &c. The cause was submitted to a jury in the court below, whose verdict,…
2Cited by1 opinion
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