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Gaines Vs. New Orleans
Cites for this judgment
- US Supreme Court
- Jan 01, 1867
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Gaines v. NewSearch
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Orleans - 73 U.S. 642 (1867) U.S. Supreme Court Gaines v. NewSearch
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Orleans, 73 U.S. 6 Wall. 642 642 (1867) Gaines v. NewSearch
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defendant may have purchased in good faith what he supposed was the legal title. 13. The case of Gaines v. HennenSearch
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to the rights of Mrs. Gaines in the estate of her father, Daniel Clark, were determined in the case of Gaines v. HennenSearch
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the Rev. W. v. O'BrianSearch
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Chew, for example, demurred. Paterson, however, answered, and his case came up by itself, A.D. 1848, in Paterson v. GainesSearch
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had not yet been established. The subject next came up against other defendants at December Term 1851, in Gaines v. RelfSearch
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evidence, more like the present case. The complainants there having set up the decree just mentioned ( Gaines v. PatersonSearch
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it, as already said, Wayne and Daniel, JJ., dissented. At December Term 1860, the matter again came up in Gaines v. HennenSearch
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understood them when the present case came here. This case was now placed partially on the ground that in Gaines v. HennenSearch
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conception of fact was had by the Court, owing to the immense size of the record, partially on the ground that Gaines v. HennenSearch
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any more than Paterson v. GainesSearch
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cases. MR. JUSTICE DAVIS delivered the opinion of the Court. It was supposed after the decision in Gaines v. HennenSearch
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in the Hennen case. It can serve no useful purpose to discuss the point how far the decision in Gaines v. HennenSearch
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successfully attacked. Be this as it may, while unrevoked it is the law of this case, and so this Court held in Gaines v. HennenSearch
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Chief Justice Martin, in Clendenning v. ClendenningSearch
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which we will now proceed to notice. It is claimed as a question of law that the decree of this Court in Gaines v. RelfSearch
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only clear from the law itself, but also from the judicial decisions of the state. Chief Justice Martin, in Donaldson v. HullSearch
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by executors without an order of court and by private contract is void, and to the same effect is the case of Lanfear v. HarperSearch
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was ever given to make these sales, they are nullities and confer no titles. And this is the decision in Paterson v. GainesSearch
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which is reaffirmed in Gaines v. HennenSearch
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have differed on this subject, the question is set at rest by the decision of the Supreme Court of Louisiana in Ripoll v. MorinaSearch
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The rule is the same in equity as at law, and is well stated in Garrett v. LyleSearch
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is not barred by prescription according to the law of Louisiana. This defense was made in the case of Gaines v. HennenSearch
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pursuit of her rights. The questions of law and fact applicable to those rights were determined in the case of Gaines v. HennenSearch
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MILLER, J ., dissented. Page 73 U. S. 719 NOTE At the same time with the preceding case of Gaines v. NewSearch
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in the last case, the controversy concerned the sale of slaves belonging to the succession of Clark, while in Gaines v. NewSearch
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Paterson v. GainesSearch
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Crane v. MarshallSearch
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Bedford v. UrquhartSearch
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Cobton v. StackerSearch
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Girault v. ZuntzSearch
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Repoli v. MorenaSearch
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U.S. Supreme Court Gaines v. NewSearch
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of Gaines v. HennenSearch
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the Rev. W. v. O'BrianSearch
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Gaines v. PatersonSearch
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Clendenning v. ClendenningSearch
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Donaldson v. HullSearch
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of Lanfear v. HarperSearch
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Ripoll v. MorinaSearch
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Garrett v. LyleSearch
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of Gaines v. NewSearch
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Gaines v. RelfSearch
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