Gaines v. Relf
Supreme Court of the United States
Mr. Chief Justice' Taney and Mr. Justice McLean did not sit in this cause. Thjs was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana. The bill was originally filed in the Circuit Court by William W. Whitney and Myra Clark Whitney (now Myra Clark Gaines) in 1836. From 1834 to 1836 • they had been proceeding in the probate court of Louisiana, until in 1836 their petition was dismissed.
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Mr. Chief Justice' Taney and Mr. Justice McLean did not sit in this cause. Thjs was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana. The bill was originally filed in the Circuit Court by William W. Whitney and Myra Clark Whitney (now Myra Clark Gaines) in 1836. From 1834 to 1836 • they had been proceeding in the probate court of Louisiana, until in 1836 their petition was dismissed. They then filed a bill in the Circuit Court of- the United States. At January term, 1839, a motion was made in this court for a mandamus to compel the Circuit Court to…
1Opinion of the CourtJustice Catron
This cause comes here by appeal from the decree of the Circuit Court of the Eastern District of Louisiana, where the bill was dismissed.
The complainant sues as the only legitimate child of the late Daniel Clark, who died in the city of New Orleans the 13th of August, 1813. No account is prayed against Daniel Clark’s executors; but the complainant seeks to recover the property sold by them, consisting of lands and slaves, on the ground that her father could not deprive her, as his legitimate child, of more than one fifth part of his estate by a last will, according to the laws of Louisiana as…
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