Gaines v. Miller
Supreme Court of the United States
APPEAL EROM THE CIRCUIT COURT OE THE UNITED STATES EOR THE EASTERN DISTRICT OE MISSOURI. This bill was filed by the appellant on May 11th, 1880. Its material allegations were as follows: The appellant, ivas born in 1806, and was the daughter of the late Daniel Clark of the city of New Orleans. On July 13th, 1813, Clark duly executed his last will and testament, by which he devised and bequeathed to the appellant all his estate.
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APPEAL EROM THE CIRCUIT COURT OE THE UNITED STATES EOR THE EASTERN DISTRICT OE MISSOURI. This bill was filed by the appellant on May 11th, 1880. Its material allegations were as follows: The appellant, ivas born in 1806, and was the daughter of the late Daniel Clark of the city of New Orleans. On July 13th, 1813, Clark duly executed his last will and testament, by which he devised and bequeathed to the appellant all his estate. He died August 16th, 1813. Appellant did not know that she was the daughter of Clark until 1834. On June 18th of that year she propounded for probate in the Parish…
1Opinion of the CourtJustice Woods
He stated the facts in the foregoing language, and continued:
The demurrer was properly sustained on both grounds.
The theory of the bill, as appears from its averments and as it is stated by counsel for-appellant, is .that appellant is the proper party to sue; in her own name,' for the proceeds of the lands of her father’s estate, sold by Hammond in 1819 under power of attorney from Relf and Chew, and that by bringing this suit she affirms and ratifies the sale.
The appellant having ratified the sale, the only obligation which can rest upon Hammond’s administrator is to pay over to the…
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