New Orleans v. Gaines's Administrator
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OE THE UNITED STATES FOE THE EASTERN DISTRICT OF LOUISIANA. This was a bill filed by Myra Clark Gaines against the city of New Orleans to recover the amount, with interest, of the fruits, revenues and value for use, of certain lands in the city of New Orleans, containing about 135 arpents, which the complainant had recovered from various persons claiming title _under the city.
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APPEAL PROM THE CIRCUIT COURT OE THE UNITED STATES FOE THE EASTERN DISTRICT OF LOUISIANA. This was a bill filed by Myra Clark Gaines against the city of New Orleans to recover the amount, with interest, of the fruits, revenues and value for use, of certain lands in the city of New Orleans, containing about 135 arpents, which the complainant had recovered from various persons claiming title _under the city. The charge was, that the city was liable as grantor of the land, as well as guarantor of the title, and ought to respond for all the rents and revenues of the property actually received by…
1Opinion of the CourtJustice Bradley
The complainant’s claim in this suit is that the city of New Orleans, as unlawful possessor and vendor of the property, is primarily responsible in the same manner and to the same extent as it would have been if it had never sold any part of it, but had remained in possession of the whole from the time of its purchase to the present time. The argument is, that the city, as vendor, put its grantees into possession, and thus enabled them to- keep the complainant out of possession, and is, therefore, responsible as principal, and not merely as surety or guarantor of its grantees; — although the…
2Cases cited2 opinions
- Marsh v. PikeNew York Court of Chancery · 1844
- New Orleans v. GainesSupreme Court of the United States · 1873
3Cited by31 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Mason v. United StatesSupreme Court of the United States · 1923
- George S. Borey, Lewis Lanese v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Reliance Insurance Company, Norman M. Bruce, A. Burton White v. Thomas A. Martin, Reliance Insurance CompanyCourt of Appeals for the Second Circuit · 1991
- Gulf Refining Co. of Louisiana v. GlassellSupreme Court of Louisiana · 1936
- New Orleans v. BenjaminSupreme Court of the United States · 1894
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