New Orleans v. Gaines
Supreme Court of the United States
In the year 1856 Mrs. Myra Clark Gaines filed a bill in the court below against the city of New Orleans, in which she sought to recover valuable real estate in New Orleans owned by one Daniel Clark, including a certain block or square described, on -which a draining-house and out-buildings, tvith a draining-machine for draining the city, was now and had been for many years situated.
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In the year 1856 Mrs. Myra Clark Gaines filed a bill in the court below against the city of New Orleans, in which she sought to recover valuable real estate in New Orleans owned by one Daniel Clark, including a certain block or square described, on -which a draining-house and out-buildings, tvith a draining-machine for draining the city, was now and had been for many years situated. The bill alleged that she was the only and legitimate child of Clark; that Clark had left a valid will, made in 1813, by which he devised all his estate to her; that this will having been lost or destroyed, and…
1Opinion of the CourtJustice Hunt
The appeal before the court arises upon exceptions to the master’s report only, and not to the original judgment.
1. It is only where the master or the judge, in acting upon his report, has departed from the order of the judgment or has omitted to enforce its provisions, that‘a just objection can arise. The judgment has decided that the plaintiff was the owner of this property in question in 1834, when the defendant entered into its possession; that then and at all times since the defendant has illegally kept the plaintiff* out of its possession, and has itself been in its possession during…
2Cited by24 opinions
- Director of the Office of State Lands & Investments v. Merbanco, Inc.Wyoming Supreme Court · 2003
- The Oneida Indian Nation of New York State, A/K/A the Oneida Indian Nation of New York, A/K/A the Oneida Indians of New York the Oneida Indian Nation of Wisconsin, A/K/A the Oneida Tribe of Indians of Wisconsin, Inc. And the Oneida of the Thames Band Council, Plaintiffs-Appellants-Cross-Appellees v. The County of Oneida, New York and the County of Madison, New York, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants v. State of New York, Third PartyCourt of Appeals for the Second Circuit · 1983
- New Orleans v. Gaines's AdministratorSupreme Court of the United States · 1889
- Capó Cintrón v. A. Hartman y CompañíaSupreme Court of Puerto Rico · 1940
- Powers v. Trustees of Caledonia County Grammar SchoolSupreme Court of Vermont · 1919
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