1788

March - July

( c ont 'd

F He 682 .March 1 , 1788 .J dge ; tel van

• r Ot

Cour t Cle rk : R.P r ce o,

1 to 11.S! hlsh .

DOO NT 10 . 1741 .BOX 50 .

I INF O • TION aJBoHTTED BY JUAN ESTEVAN) Ban. 0 DETEE:~L TH TRUE NAMES ANDI .:U.: OF CUl TAIN :2!.3EP.S O~' TIlE

FAMILY OF J UA BAUTISTA HO ·OP.ATO DE­I STR:'IiA.: D_ B:EAUPR~ , FCRMffi !REA YI OF TH: : VY. mA, u ~~

-------

ThE> record s hows that the w t ne s ses name d above an­er d separately t o a ritten i nterrogatory presentad

b; t he nett t1 oner cons i s t i ng of six ques tions, dec laring:. t~t the p~ve a lways known the n~as and surnames of t he

h record shows t r~t ~uan tevan Bora, f ormar mu ske -tear in th e Guard of the King of Franc e, pet i t ioned theCc> . r t 0 receIve informat Ion fr a:l Pedro Enr que Derne ­vIlle and ROberto ontrevi l , KnIghts of saInt LouIs; Car­l o s J uan Baut ista Flour i an , fonner ~aptaln o f Infantr y andSant Iag o oul Llvauda l s, forasr of ficer of Infant r I re-gar the knowledge the y have of the true nane s andsurname of J ua na CatalI na de Gauvr I deceased wife of

uan J:la tis t a Honoreto De trehan de B aupre , and o f• r ia Fe H c l a na ' ent, daughter of Colonel Gilberto' nt on l 0 ' xent, who was the widow of Juan Baut iste Hon or a-to s t re ha de Beaupre, and resent " id07' of t h e Countof Galve z ; a lso regardIng t h e ir knowledge of th e det eof he deeth of saId J uan Baut Ls t e Honoreto Des t r ehll.n delleeurre and of the facts that no inventor) was mada ofht s pr-op er t Ie s and that he l eft as hIs sol e heiress his

nd h I wIfe 's Maria F H Ciana MaJL ntl daughter, whowas oh rls tened with the name of 'aria Elisabeth Saus tlnaAd61elda ; pe titioner also desI res t o inqui re regardIngt he Hnes es ' knowledge of certaIn de tails of th e Suc ­ce.s ion of said J uan ~utista Hon or a t o De streha n deBeaupre , of his son J uan Bau tista Lu i s Destrehan de Beau ·p" nd of other members of h i s facily .

Doc . #17Hlcont ' d .

persons aforementioned to be as stated above ; that t hedate of the death of J~n Bautista Honorato Destrehan de IBeau re was June 5 , 1775; that he di ed in the p'ri sh of \Sain Louis in Louisiane; that it is t rue no inventory wasmade of his properties, and that he left his only daughter~ ia _lizabeth Saustine Adelaide Destrehan as his solehairess. The declarers also furnished al l the de t a ilsasked by the petiti ner, to the latter 's entire sat isfac-

tion.

'rhe r acor d further shoe s ttat in view of the witnesses 'aclaratioDS , upon JUBL Estevan Bore 's petition and with

the consent of At torney General J uan Baut ista Bi envenue ,and the advice of the CO'..Jlsellor of War and Honorer· J udgeof the Reel Audiencia is pe i :ourt 1 of Guada le j a r a , Sp.,the Court approved t he informat ion submitted and gave it

l ega l v",l1dlty.

The record does not shOll the costs of these prooeed­

i llg l .

122­,10

FUll. # 25 2 .:.larch 1 , 1788 •Judg e : An t on l oArgote .Court Cler:.t : F ..odrl gu ez ,

P . 1 t o 3 .S n Lsh and

r ench .

)II))

II)I

------)

DOcu£m NO. 1742 .BOX 50 .

C SE OFJ UAl SENAC

VERSUSESTATE OF 'UR ICIODAUp':: llE , FREE. ~ TTO.

The !llelntl rt , a resldent a Dd surgeon of New Orleans ,_etl t1 oned the Court alleglng that as evldenced by t hebl11 duly pr e s en t ed , the estate of the decea sed freemul atto Maur l c l 0 au ella ls lndebted to petltloner lnthe sum of fifty-elght pesos for med lc 1 servlces render- 1ed t o sald deceased dur lng varl QUS sl ckna sses he suffered;am that pe t l ti one r ha s bean l nfonned that Francl s co IDusseau x , test "lllentary executcr of the estate of Francis -co Demazl11ler, has ln hls posseslon funds belonglng tothe deceased Maurl c l 0 Daupe 11e. Whe r ef cre , pe tit ' one rbegs the Court to order seld Fr anclsc o Dusseaux to satlsfype tl t loner ' s c Ia Im for which pe t i ti one r is ready t o lssuethe pr oper r ecel pt .

The record , however, l s incomplete and on ly shows the.tthe Court ordered as pet l t I one d by the plalntiff .

1122,10

File /12 01Marcb 3 , 1788Judge: stevan roCourt Clerk: F.Ro­driguezP. 1 to 3Spanisb

DOCUMnlT NO. 1743 .BOX 50

CASE OFYRANCIXO BEAmEARD

V SUSTOllOS SANTOS CHABOT .

•

)

The plainti!f , a resident and merchan t of New Or­leans, pet i t ioned t he Court alleging tbat as evidencedby the invoice duly presented the defendant is in­debted to petitioner in tbe sum of sixt y- two pesosand five reeles f or vari ous merchandi se be receivedfrom petitioner's warebouses j and that the de!endanthas !ailed to pay said sum on demand. Where!ore pe ­titi oner begs the Court t o i ssue a warr ant instruc­ting the Com:nander or the Coast of Des Allemands ,where the defendant resides , to summon said defendantand order him to declare under oat h whet her it istrue he owes the sum cl ai med and once he has acknow­ledged ' sai d debt to compel bim to make payment .

The r ecor d, however, is incomplete end only showsthat the Court issued the warrant as solicited bythe pl e1nti f f .

#221110

l1e ,'dOr-ch • 1786.

Judge : ' tinavarr o.

Court Cl ene: R.erdomo.

P. 1 to 30.Spani h .

I)

IIII)I

roeU.. #1744.BOX 50.

?ROC IHJ;3 I 'STI 1U ED BY JOr.:.~or. I. ,l; IJ , FCIli TIlE PURPO LF J U",TI yn.; TIL l.'CI ",,!T I.:

,.. ICIl >:HE IG TE UNDER HIS CO....! N" D "LA W ISIA "WE. IT AGR UND

SAILIID THE RI VER .

The r eccr d Slars ttet J ose f Ramon de Urqu ! jo , Capta i nof tn. frtga te nsned "La Lui s i ana " e ent ad be rore theCourt a doc ent protest ~ any l1ablllt whlch may becharged ag' ns t htm when sal d frigate went aground sa l1­ing u he river . In s al d d ocament he also narrated howthe incld t occu r r ed and gave an a ccount of the damagessuffered ; stating that the cargo was taken ashore due t othe fact t ha t sal d frlgate was leaking as a r e sult of ahole openi in lts bottom. H also e~plalns how offi­cers and members of the crew aba nd one d t he frigate, andhow aid fr ig a t e was t owed t o th s port of New Orl eans .

On the Capt ai n's pet i t ion , th e Cour t a dmitted t hetestimonies of t he of fi cer s and members of t he crew ~

said fr lgate. ·sald test imonie s corrobor ated th e s t a te -ents render ed b the Capt a i n in the document r endered.

The Cour t t aki ng into c onsi dera tl on the t estimoni es ofthe offlcers and rnenbers of t he ere" exonerat ed t he Cap­taln of ny l1aM 11ty i n sal d incident and ordered t hainsurance c oapan to pay the cost of t he r epair s of sai dfrigate . The r ec d shows t ha t tre I urance c ompand'd not contest the Ca s e, and pald fer the repair s ofsaid f r i ga te as ordered by t he Cour t.

The cost of these proceedings amount ed to ~6 pesosand 2 reales t sa Id costs were paid by the Captain.

j 24';10

1"11e 44 . IUarch 5,1788 . )J Udge : Estevan IIro , )

Cour t Cle rlt : R. IPerdomo .P. 1 to 8 . ISpanish end )French . J______1

IXlQJ lENT NO . 1745 .BOX 50.

CASE OFALE - DRO BAUD IN

VERillSCilRlSTOV DE AR1~\S Y ARC !LA.

The plaintiff , e resident of New Orleans , through hi sat erney , Antoni o M ndez, brought action agai nst the de-fendan t to recover the of 69 1 pesos and si x and onehalf rea les i n Mexican currency and sevent;, - n i ne pe sosand two r ea 1es in s i lver money current i n New Orleans ,for value of certai n merchandi se received by the defendantf r om a cargo br oug ht to this port on pe titioner ' s vesselnamed " 1 fel iz" , a s evid enced by the stat ement duly pr e­sented .

The record shows that the case was se t tled out ofCour t , and tha t the costs of these proc eedings amountedto ten pesos and seven r eale s, rcr whic h the de fendantagreed t o pay .

,22illO

_ _ _ _ _ _ _ _ _ _ .1

DCCUH .NI' 111747 .BOX 50 .

Juan Bautista Maca r t y , a resident and mer cha nt ofthi s City, pe t i ti oned the Court allegi~, that as avidenced by the document duly presented p et it ioner is the owneror a certain brigantine named " El Galvez; that petitionerhas decided to sell sai d brigantine to J osef Diaz ~or

t he sum of two t h ous and pe sos j wherefore , pe t i t ione rbegs the Court to order the Cour t Cle r k to draw the nec ­e ssary deed of sale for which peti ti oner i s ready to paythe corresponding fees .

The Court ordered a s pe t i t i one d by J ua n Bautista Mac ­arty .

jj 24

'10

roCUMENl' #1748 .IDX 50 .

•

CASE OFrnA 1:ISCO BROUUN

VL~SUS

F'....E ro R RIGU

11e tl6'O .

March 6,1788 .JUdge : tevena rc.

Cour t Clerk: : R.Perd o .P . 1 to12 .S ani h andFremh.

IIII)I))I

------- )

The plaintiff, a resident ofthis City, petitioned the Court el- •legiIl> that as evidenced by t he threepromissory notes cl.l ly presented thedefendant is indebt~d to petitioner oin the past due sum of three hundred

twenty one pesos ani four reales; t ha t on severel occasionspetitioner has dElll8nded said sum, and that the defendanthas r~fused to pay . \'lbe refore, peti t1 oner begs the Courtto crd~r the defendan t to acknowledge his signa t ur e5aff i xed

,., o;;.:;n sal d prani ssory no tBSprese nted and t o declare under ca th• ether he owes the sum c LaImed,

The Court ordered as petitioned rby the ple intH! . n

The recor d sh os a that the defen- tl

dant admit ted t he plaint! H' s all ega t ions and the Cour t onpleir.tiff's petition i ssu ed a writ of execution agains t t he Iproperties of the defendent to satisfy t h e plaint iff ' s •cl a i ms plus interes t end cost s of these proceedings . Sei dwrit of execution was not enforced as the defendant pai dthe plaintiff his c !aims .

The costs of t hese proceeding samounted t o 10 pe sos and 5 r eal e s and were paid by the de ­fendar.t .

File /1112.-'.arch 6,1788 .J~dge : An tonl 0

Argote .Court Cleric:

erdauo .P . 1 to 7.pallish .

)))I)lII______1

roCU:'N #1749 .BOX 50 .

C SEu'.A E~s .kLPU .-.TE

VERSUSIl.A.RIO 00 TTU .

The plelntlff, petitioned the Court allegill; , that asevidenced by the promisscry note duly presented, the de ­fendant Is indebted to petitioner In the pas t due sum offive hundred eight)· je scs , and that the deferoant has re­:tUsed to pay said debt on demand . Wherefcre , peti tionerbegs the Court to order the defendant to acknowledge hlssignature affixed on said prOlllissory note presented and todeclare under oath hether he owes to pe t l t.Loi.er- the sumcle! Jed and after this Is done to deliver to f<3Utioner ac of the defendant 's decleretlon, to promote whateve raction may be convenient .

Th Court or dered as petitioned by the plaint iff .

The record show that the Cour t Cl er k felled to contactthe defendant a s he could not be !bund In hi s residence,and that the plaintiff t he n petitioned t he Cour t to suemonthe defendant t o appear I n Cour t to r e nder t he declara t ionr e que s ted .

Later the plalntlff , Informed the Cour t tha t the defen­dant has promi sed to PaY hlm his clelm at a later date andt t~ t he has c onse nt ed .

Then the p4.illtiff t4l-.tt pe titioned the Cour t to dismissthe case and to order the Cour t Clerk to deliver t o himthe defendant 's promi ssory note which is et tached to therecord of these p roc eedLrg s ,

The Court or de red as pet! t l oned by the plaintif f .

The c osts of these prooeedlng s which amoun ted t o 7 pesoand 7 reales, wer e paid by the d efendant .

#24illO

File #58 .Mar. '1 ,1'186 .Judge: Estevan

rooCourt Cler.c: R.Perdomo .P. 1 •Spenish.

DOCUlENT NO . 1'150.BOX 50 .

I PROCEEDIffiS INSTITUTED BY ZENONI TRUDEAU 10 BE PERMITTED TO l/AKEI A OO~;ATIO" OF TIlE ffiM OF TWOI THOUSAND PESOS TO HIS FUTUREI SISTER-IN-L\ , MARIA DE !.ASSIZE.III_____ _ 1

Zenon 1'rudeau, Captain of the Permanent Regimentof In1'antryof Louisiana, pet1tionad the Court togrant him permission to ne.ke a donation of the SUIll oftwo thousand pesos to petitioner's future sister-in­law, Maria de Lassize, who is to marry petitioner 'sbrother elix Trudeau, a Lieutenant 01' said regiment.Petiti ooer alleges the t in makiIl> slii d donati on heis moved by a special affection he bears said Mariade Lassize and also by the desire 01' helping her tobear the burden s of matrimony . Petitioner furtherbegs the Court to order the Court Clerk to draw theproper deed far the intended donation and then tofurnish him 1iI.th a certified copy of said deed, forwhich petitioner is ready to pay.

he record shows that the Court granted ZenonTrudeau 's petition in all its parts .

#22#10

The p La nt iff , a resident of Nelf Orleans , t hr oughhi s l egal agent, pe ti ti one d t he Cour t alleging t hat inthe year 1787, through a jUdici el sale of the proper­ties left by t~ deceased Petrona Doval t o her husbandCarlos Car r e l and their minor c hlldren petit i oner ac ­quir ed a cer t a i n negro slave named Carlos; that pet ­tioner has found said slave to be physically unfit ,affl cted by a hernia , of which petitioner was not in­fonned at t~ time of t he sale . Wherefcre, peti ti onerbegs t be C ~t t o order CarlOS Car r el, testamentar ex­ecutor and trustee of t~ estate of his deceased wife ,Petrona ~oval , t o take back said slave and to excuseetitioner ~rom paying t~ sum for which said s l ave

was adjudicated to him .

File #195. )~r. 7, 1788. IJu~e : J oseph )

c her , ICourt Clerk : I. • erdomo. )

P. 1 to 17 . ISp ish and JFrench . I______1

DOC'JLNI' NO . i vs i ,BOX 50.

CA"E 0SA lTIAGO BILLERET

VERSiSE l A T: o P TRO. DOV

The r ecord shows t ha t pe ti t ioner , t o substantiate hisa l lega t ion , pr e sen ted t o t he Cour t certificates i s suedby physicians J ua n Sena c a nd Jos eph 'on t egut who had ex­Wlined t~ slave i n qu es t ion and who f ound him to besuffering of ~rnia , as ab ove s tated .

he ~cord fur ther shows t hat Carl OS Carrel, as t es t­ame ntary executor and trust ee of the estate of hi s de­ceesed wife, with the c onsent of a t crne y /Jltonio Mendez ,curator of t he minor children of said Carrel, excusedpe tl ti oner from pay i~ the value of the si ck s l ave whowas t aken back ~nd incorporated t o t he estate and th en,by mut ual agre nt an d i n c cmpLk ance "i t h a cour t decr llllsa i d s lave was a dve rti s ed far s ale at public auct ionw1tho'~t any responsibility as to his physical condit ion,and final ly was adjudicated to ~ald Carl os Car r el in t hesum of 250 pesos .

The costs of these pr oceedi ng s amount ed to twenty­

seven pe sos and five r eaIe s ,

#22{ll O

On Y.arch 10. tha Court granted th e

p Inti f f 's pet ition .

to em NT NO . 1752.BOX 50 .

C SE 'to"

F!W'C ISCO C/.::n",VERSUS

DO r::R ' I LIAo.lIL.

The r ecor d s h~vs tha t the defenda

admitted t re plai nt iff 's a llegations .

'i re pla nt If f . a resld ent of t reCi t y. pe t I t i one d the Cour t alleglrg ,

t he t as evlde ed bj t be two promissor notes present edtre defendant Is Indebted to the pet t: oner In the pastdue deb of 319 pesos , and that the defendan t has faUedto ~ said debt on demand . ..her e f ore, petitioner begs

he CO.lrt to order the defemant t o a ' 'towledge his s ig­De ure on said tllO promissory not es presented , and to de­c lare under o",th If he OIres the sum cla'med .

The ple lnt Iff then pe t itioned theCw r t 0 Issue a wr it of execution ag' lnst al l the pro er­ty of the de fendan t to satisfY the sum c lai med plus Inter~am t he costs of t he proceeding s .

File ,,50 . Itar . 10 . 1788 • )udge: r, ~1e.varro . )

Court Clerk: R. IPerdomo . IP. 1 to 9 . IS.t an:sh •

The re ord sn oes that on April 8 ,1788, the Court g ran ted the plainti f f ' pe t ition .

On II.!JY 6 , before the CO<;I't Clerk a

pears Dun tel1pe Res ina , L1 "t" .Ol1I".t Clot" f C ns t ab Ie , ends at~d ; . tb t it. co pllance Itt. the preceding decree he

(cont ' d )

oc , ,¥ 7e2'c ont' •

font t c the h s e of the defendan t to r-eque s t h i!!' to paythe sum cla1 ad end thet t he defend ant answered that he )hss c o .rv.1 ed with the plaint ft .

Then t he Court ordered Don Lui s Ll ot eu, JudicialA, pr a l s e r , to esti "a t e t he cost of the proceeding s whichamount ed to 10 pe s os and :; r eele s.

File #2400 . Ircb 12, 1788. I

JUdge: nt onto IArgote. ICourt Clark: F . )Rodrigue z . )P . 1 to 3. ISpan I sh a nd Fraub. I_______1

00:: NT #1753.BOX 00.

rsoc l:JI!'l:S INSTIWTED BY;AGDAIK: BRAS ILL:ER , 'IIIDCJlI OFCAPIAIN HL"ffiR!<.VE DEfiU., FORTHE P POSE CF OBTAL'I m A pI:R- I,MIT TO SEll A CI:RTAI:\ PAP.CEL OFlJ. OF lEB OW 1ERSll IP .

agdalena Brasiller, petitioned tbe Cour t allag­Ing.tlIlt petitioner owns a parcel of land situated InOpelousas; that said parcel of land was ceded Henrri ­que Depre petitioner 's deceased husband by SantiagoHollier; and that petitioner has decided to sell saidparcel of land. • here fare petitioner begs the Courtto grant her the necessary permit to execute said sale .

The Uour t ordered as pe titioned by MagdalenaBrasi ller .

124illO

File #104 . IMarch 13, 1768 . IP. 1 to 6 . IJUdge : Don )A. Argote . ICourt Cl rlr:: : IR. Perdo o. ISpenlsh . I______1,

DOCU lEN!' # 1754 .BOX 50 .

CASE OFDON RAYMUrIDO DUffiAT

VERSUSDON CARLOS VIVA! ANl COMPANY.

\

The plaintiff, petlt10ned the Court alleging, thet asevidenced by the promissory not e presented the defendantsare Indebted to petitioner for the sum of 300 pesos forthe value of a c er t e l n negro slave that the defendantbough t at public auction f rom the petitioner . Wherefore ,petitioner begs t he Court to order the defendent s to de­clare under oath whe ther they owe the sum c l a i med.

On May 16 , 1788 , the Court granted the plaintiff ' s pe ­t l t l on .

The n on July 1 0 , 1768 , the plaintiff informed the Court I

that he has compr omi s e d with t he defendant and petitionedth Cour t to dismiss the case , and to change the costs ofthese proceedings to the defendant, who has agreed to IBY

them .

On the same day the Court ordered Don Luis L1otau ,Judicle l Appraiser , to e s t i mat e the costs of these proceed ­Ings which amounted to 5 pesos and 5 and 1/ 2 reales.

123, 10

File ,125rcb 13, 1788.

F. 1 t o 3 .J dge: Don A.Argot e.Court Cl erk : R.

er dano .Spani sh ,

ncctn Ir #1755 .BOX 50.

CA E FSA!;r IAGO IG

VER9JS'c CO OOZt..S.

The plaintiff, a resident of this Ci t y, petitionedthe Court al1egiI<;, that yesterday about three o 'clockin the a fternoon the defendan t embarrassed the petiti oner

:;c:d~e;~~i[ui~s~:;:i,w:~~sD:~ ~::;~~n~~r;~. t~~:;~;e, . lpetitioner begs t he Cour t t o order the pub Ll c interpreterDon J uan Josef Duf ores t to rec eive th e declaration of thet wo wit De sses, and a ft er this is done to deliver saiddecla r a ti on to pe tit ione r , in order to britg pr ope r actionagainst the de fendant .

On March 13, 1788 , the Court granted t h e plaintiff 'speti t1 on .

The r ecor d show s that on March 20 , 1788 , the Cour tClerk , informed the Cour t tha t the plai ntiff did netpre sent the wi tnesse s as he has pr om sed .

The r ec ce d is incomple te and t he outcane of this c a seis not known.

1123#10

ri

22

The record does not show the costs of these proceed­ings.

The record shows that upon testimony given by PelagIaDeu eine, sister of the deceased, substantieting thepetItioners claim, the Court crdered Joseph DuSl alU,.ho had in hIs charge the funds of the estate of saiddeceased, to satisfy said claIm, and that said Dusseauxcomrlied .,i th t he Court order.

DOCUM<:NT NO . 1756 .BOX 50 .

CASE OFNICOLAS A. FRANCISCO RIXNER ,ThEE NEGROI.S ,

VERSUSESTATE OF "RIC I 0 DAUPE filE , A:EREE lULUTO.

,he plelotlffs, resIdents of 'ew Orleans, brought "c ­tlon agaInst the defendant to collect the sum of 245pesos due th m for work performed In the construction ofa certain house of the deceased Mauricio Daupelne, situa­ted in this City . Petitioners allege: That the constrution of said house was completed after the death of said, urici 0 Daupeine under the directl on of Maurie to 'ilon,

who was pleced in charge by francIsco De~silier, test­areentary executcr of the estete of said deceasedj andtha said testamentary executor has died without hevingpaid the aforesaid sum to petitioners . Wherefore, peti­tioners beg the Court to order Joseph Dusseaux, testamen­tary executor of the estate of Franci sec Demasilier, tosatisfy petitioners ' claim out of the funds he may havein his possession belonging to the estate of the deceas­ed l~uricl0 neupeine, previous the formalities which theCourt may deem necessary to fulfill .

F11e #2&36.March 14, 1788.Judge: ntonf oAr ote ,Court Cle k:Rodr Iguez ,P. 1 to 3.Spanish.

:Fl1e #2618 .r . 14, 1788.

.ru.dge : nt cnt oArgote.Court Clerk :

• Rodriguez .P . 1 to 4 .Spanish .

DOCUNml~T NO . 1757 .BOX 50.

I PROCEED1ffiS 1.:ST IT illED BY DONI C LO vrvAl<r AND ON S 1ER,I FCR TEE P O~ OF ll,LI.lGJ CT ~ :-lEG " S OF THEm OWNffi-

J SHIP .III1

-

Don Carl os Vi vant and Soulie r , business associat~

petit iox:ed t he Court 81legi~ that they OWIl a certainn 1'0 slave named Fel i c i a08 wh ic h etitioners pur­cha sed tram t he fi rm of Gui lbo and ~~ber6e , of Gusri ,co and that t hey have decided to sell sel d slave, Iand that they do not have a writt"n tit le . Wherefore ,peti t1 one r s beg the Court t o grant them the authori1yto s ell said s leve a nd t o order the Cour t Cl e r k toissue t he proper de ed o f s a l e .

The record s hOWS t ha t t he Cour t ordered the peti ­tioners t o prove the ir t i t l e to said slave, and tha tpeti t ioners presented t hree witnesses , whose de clara ­t i ons under oat h, sub s tant i a t ed sai d allegation int he i r peti ti on .

The record further shows tret on Mar. U;, 1788 ,the Cour t granted the pe t i t i on of Don Car l os Vi vant

Douclo and ~oulier .

#25 Al/1 10

d

rile #2628. I DOOUMENr NO. 1758.March 15, 1788. I BOX 150.JUdge: Estevan IMiro. I CASE OFCourt Clerk: P. I ISIlXlRO, A NEGRO SLA.VE,Pedesclaux. I nRSUSP. 1 to 24. I M\GDALENA BRASILLIER, WIDOW OFSpeni sh and French. I ENRI DEPRES.

The plaintiff, through his attorney, brought actionagainst the defendant, his mistress, to compel her togrant him his freedom, allegi~ that he was ready topay tor his freedom the sum of 300 pesos, which is tmSBJDe sum paid by defendant's deceased husband to pe­titioner's former master Francisco Devillier; thatpetitioner had agreed with his said deceased master togrant pe t1 t ionar' s freedom for said sum after servinghim six years; and that petitioner has already servedthe six years as agreed. Wherefore petitioner begsthe Court to order the defendant to issue petitioner'sletter Of' treedan, as agreed.

The record shows that the defendant WaS noti!1ed ofthe plaintiff's petition and that she agreed to granthim his freedom for the 300 pescs , plus peynlnt of thewages tor the entire length Of time plaintiff had beena fugitive and t rerefore had failed to serve defendant..

The record further sholOS that the plaintiff was no­tified of the defendant's answer and that he disregard­ed it, filing a new petition to have the Court declarehim tree based upon a certificate that he presented,issued by his farmer master, Francisco DeVillier, where­in the latter declared that he considered petitionerfree since he had canplied with his agreement. with de ­fendant's deceased husband, and t~t said slave hadworked an additional three years besides the six years

(cont'dl

Document # 1756.(cont'd)

agreed upon, said three yeus labor being valued at300 pesos, which is the sum claimed by the detendant.

The recold shows that the Court tound the plaintiff'contentions to be malicious and ot bad teith, and torthese reasons decided in tavor ot the detendant, or­dering the plaintiff's release trom jail, where hehad been kept pending the outcome 0' this suit, andtha t he be placed at the service ot the detendant untJl.he has paid in full the 300 pesos ter his treedom.

The costs or these proceedlngs amounted to t ...enty­three 18 sos and two realas.

#22­#10

File #100.Judge: DonE. Mlro.Court Cler k :R. Perdomo.P. 1 to 20.Spanisb

DOCUMENT NO. 1769 .BOX 60.

I ~17, 17~~)PROCEEDl m S IN3TITUTED BY DON GILBm­I TO AnONIO ST MAXENT, COLONEL OF TIlE)ROYAL AR.lIES OF THIS CITY, FOR THE) PURPOOE OF PROVIm THE PURITY OF BLOOD101 HIM3lLF AND WIFE, MADAM ISABEL DElLA. RooHE, AND THAT HE IS THE FATHER

_ _ _ _ _ _ __101 w..DAM FELICIANA., WIDOW OF HIS EX-CELU NCY THE COUNT OF GALVEZ.

Don .lntonl0 Gilberto de St. Maxent, petltloned the Courtallegl~ that It I s c onvenl e nt t o petit loner to have t heCourt admlt the witnesses that petltloner will presentto answer the tenor of the Interrogat<ry followiq; thIspetition; to also clte the officlal syndIc of thls Clty,to whOlll notlce of thls peti tion shall be glven am thedocuments presented, and after havlng glven hls approval ,f<r the court to then approve sal d prooeedt ngs In orderto glve them officlal validlty, and after thls Is done toglve pet 1t loner an orl g Inal or the proceedIng s ,

The Interrogatory pr esented cons I st ed or 13 questions,leadlng to the InforllBtlon dec l ded by the petitloner, as towhether petltloner was mar rle d to Madam Marla Isabel de laRoche , and from which matrlmony among other children rearedand educated was Madam Marla Fe l1c l ana de St . Maxent. widowor the Count of Galvez; a s to whether petttioner ls a leg l ­tlmate son of Don AntonI o de s t . Maxent and Madam I s abi.Le Coag ; and whether they kna; that pet1tloner Is or purewhlte blood wl thout any mixture of negro, mulatto, ormoorlsh.

Tbe record sbows that the Court granted Don Gl1b ertoAntonl0 de st . Maxent, petltlon and that the declaratlonsat the wltnesses presented brought out the fact that petl ­tloner ls a legltlmate sonj that hls daughter Is the wldow"f tbe Count or Galvez and that pet Iti ooer is a descendantof thll pure white race.

The r ecord further shows thet Don Juan Bautista Blenvenu(cont'd)

(Doc . #1759 )cont' d.

offi cial syndic of this City, a pproved the ev idencepresented by Don Antonio Gi l be r t a de St. Maxent aadthat upon Ilis pett ti on the Cour t on Apr 11 tile 21 , 1788officially approved laid i nformat i on.

!be.re is a notice on t he r eaard dated Apr . 24 ,1788 and signed by Perdomo, Court Cl erk, t o the effectthat Don Antonio Gilberta de St . ~xent, was gi ven anoriginal e cpy or tllese proceed! Dgs.

#23110

DCCUI.::;;IT #1 750 .BOX 50 .

II rnc:c' ":'C S ncrr rtr BY SkUT I-I:.:i K::":XJJY FO TIE FJR:' OSE} OBT;,,:':nts ;,. ;:::'''':IT TO P CH.~S::

I ra; PACKE T-BO',I • :~;D) "a CO:DEJE ,ALVE3TC. , os: BY PE:-RO

I . , ic: sec nOZE.I_ _ _ _ __1

F11e te .:larch , 1786.

g : Alartln"avarro.

Court Cl er k: R.Perd mo.P . 1 to 2.s. nt sh .

Sant egO Kennedy, a resl dent and merchant of thl sCity, pet tloned t he Court alleging t hat petit ionerdes res to pur chase t he packet-boat named "E1 Condeda Galvest on owned by Pedr o Francisco Pioze , a rasldenor New Orleans . Ylhere f or e . pet t i oner begs the Cour tt o Grant him the necessary permi t to execute sald pur-

cha se.

~'he Cour t crdered a s pe t t Lone d by Santlsgo Kennedy.

o

The rec ord shows that the Cour t ordered as petitionedby J osef Ant cni o de i'rebi nO , and that the. Cour t Cler kcom lied with the Court orde r .

J o ef ntonlo de Treblno , a resid~nt or New Orleans ,petH oned the Court allegl~, t hat he is abo,"t totart on e vo age to the crt of Guerlco and that he

is e holder of two promissory notes executed in hi sfaver , one by Lui Cornud for the sum of 877 pesos andf our reales, and the other by onsieur udrevlll forthe sum 807 pesOs and f ive ree les , i ch petitionerf ear s he may l os e during said voyage . here fore , peti -tioner be,,;s the Court t o ord r the Court Cler k to r eg i s­t er i n his offi ce in t he book u ed for that purpose, thepromissory not es af oreme ntioned and t hen to return themt o petitioner.

Fll #2507 . IMarch 27,1788 . IJudge : Antonio IArg ote. )Coort Clerk : Pedro IPede sc laux . IF. 1. )

1 ani sh , I______1,

OOC"J! NT O. 1762.OOX 50.

PROCEED lU S n;~T llU TE.D BY J OSEFJ,.lITJN IO Dl:.. INO REG 1ST •

{ ..I S...ORY l\TQT:"S 1.' THE OF-FICl:. 0 1L COURT CL:EP.K.

,22110

File #10. Illarch 28 , 1788 . IJ Udge: M. Nava~ro . ICourt Clerk : R. IPer-dcmo , IP. 1 ISpanish. )_ ___ _ _ 1

DOCUMH.'T NO . 17 63.BOX W .

ffiOCli.EDIffiS INSTITUT'"LD BY CHRISTO­VAl DE AR!AS TO RES.ELL THE BR IGAl:­TIl:E I:.AMED " iUE RA SENORA .EL CA..'t­.~ r, ALIA;:, "LA. n :TURA" TO ITSFOP.!> R CVINER , B URA VILARO .

Chri stoval de Armas . a r esident end merchant of Newr 16a05, pe titioned the Court alleging that by pUbl ic

ins trument passed before otary Rafael Perdomo in themonth of November 1787 , Bentura Vilero sold to pet i t i onera brigentine narned "Nues t r a Senora del Carmen" ali as "LaVent~ra" with the agree ent that petitioner would sell itback to said Vila r o i n t he term of eighteen months; andthat said ViLero has deliv ered to petitioner the velue ofsaid brigantine , as agreed . Wherefore, petitioner begsthe Court to order that the proper title be issued in fav ­or of Bentura Vi l er o, exempt from the Royal Ta x which hepaid at t he time of t he fi r s t sale.

The record shOOTS that the Court ordered as peti tionedby Chr i t oval de Armas.

DOcm~~~ NO . 1764.BOX 50.

C 3E OFFELIPE TREVINO

VIRSUS(l\ III 13 CHI.CIIEEE.

Pla i nti f f , Cap t ai r. of he Regiment ofLouis aIlt, and a resicer.t of th i s Citypetit1 one d t he Court alle ng that heconferred power of attorne~ on the de­t ender. t tor he urpose of making cer-tain collections, and to remit to pe­

tit oner whatever acney he collec ts, and t ha t t h e de ­f en dant has made said col lections and refuses to r emi tthe money col lec ted . Whe refor, petitioner begs t heCot:.rt t o f or war d a werrant to the COClIJle.nder of the Postof latchez i nstructing sa id commender t o ord er t he de­fendant to f or wa r d whatever money he has coll ec t ed, andi n defau l t thereof to se ize de f6ndan t ' s properties i norder to sat isfy pe ti tioner 's claim.

File #66 . IArr. 1, 1788.lJ udge : E. I' iro . 1

Court Clerk: 1R. Perdomo . )S>en1sh . 1P. 1 t o 4 . I____I

On . pl' . 1, 1788 , the Cour t granted

the plaint iff ' s pe ti t ion ,

The r-eeo r d shows t ha t th e plaint i ffagein pe t itioned t he Court al l eg i ng tha t in t he eventthat the de fendan t has disposed of his propert i es t oissue ano ther warrant t o th e Commander of the Post otNatchez g iving the petit i ona r t he ri ht to co llect fromthe debtors and buyer s ot the de f e ant ~hatver term sthe y maY have In heir possession elonging t o the de -fend~n in order to sat is petitioner 's claim.

Apr . 3 , 1788, the Cour t g ranted t he

lalnt f f ' s ;:etition .

C'"'"\e of

The r ec ar is incomp lete and the out ­is case is not known.

112 5 AI ,10

The p la l t 1'1' , a apt ai n of the oya L les ,brollb ht action a e t ns ' the defa an , a res dent of••atc .. ltoches , t recove r t he sum r:J! one tho and I6s ­cs l' r a . s due promissory not e xecu ted b said de ­l' ndent in fever of !onsleur ~eeurc6erd, for mercha ­dl se received , said Beauregar-d having later endorsed1 t 0 Lu; Lal ande Depra.lont ard the latter to peti -t ore r , etl t loner alle_es: hat the defendant hasshown no nter t i on of pe yl n sald sum since he con-s igne , to this Cit all his merctandlse under differ­en t pe r-scns ' na ...,S, undcubt.edl., ~i th the ur-po se orpr-sven tl n...; pe tit l one r f r en en ror-c t IE his c lalm; andthat petitioner knows he defendant has cons gned ashi . snt, of tobacco t o Monsi eur (ruerbols for the Rc a lwer ehouse s , t re va l.ue of mich tobaoco has no t yetbeen pa id by the Roya l r ea sur y. herefore , petition-er be s t he Court t o order t he [.rovislonsl a t tachmentof t he value of sal d t obacco until t he flne l settie­ment of th Is case .

File 112':0Arr. 1, 1788 .J_ b : ::oteven?~iro .

C .....rt Clerk : ••• e c;;"c .. ~A .

Po 1 to 10 ....lre- sh nd .. ch •

DOCU"1:' :lT NO . 1755.so,

CA,.),w l",.]'

_...-.... 0 .OU.,; U~ .... .,

J . C J"".d.C;T.

The ecord sh ows t t,at t he Court ordered t h e a t tach­ent of the sum of 4~ 1 pesos and f our r eal es value of

t he above msnt t oned tcbscco , as petitioned , with t herovL on t ha t I t be l e f t In depos it a t t he RoyaL

Treas.:r ; and t hat upon pIa ' nt 1'1" ~ petit Ion and afterthe let: lt i a cv of his c Ie Lm was fully e t<bllshedtt u,;h declarat Ions r e nder e d by Lu i s Lanla de :Carrend ser of the rronls s or note In ,"\.lesti on , and b

t er ~erscms ,.ho testified tc the fact that the sl~­

n8' ... re affixed to sd d rote was hE t of the defendant .t he c our t ordered Ice•.t e ~;:mez , Chi e f Treasurer orthe" my, to del ver to p18 'dlff the 1,31 pes os end

(lice. 176:;cont •d .

four reales whlch hod been attached and left In depositat the ROjal reasur as the value of the aforesaid tobacco .

The record fc.rther sh oas that In ccrnpLl erc e ..lth e.Co~ t crder 'ssusd upon ps t It Lon of Court C.erk Pedro

edesc Pw., pub I c appraIser Lul s ~ 1 taw made an Itfallzedstat ene nt of t he costs of these pr cealngs loh amount -ed to nine pesos and f ve raales. etC that th6 defendantas ordered to ray for sel,d cos t s ,

#22illO

l11e II~~.

Apr. 3, 1786.Judge: EstevanIUro.CC: R. Perdomo.P . 1 to~/t

Span1 sb.

DOCUMENT #1766.BOX 50 .

IPROCEEDIIDS INSTITUTED BY FRANCISCOIBOULIGNI RlR THE PURPOSE OF OBTAININGIAN AUTHORIZATION TO SELL A CERTAINIHOUSE CF HIS O'/iNER91IP 1!ffiTGAGED TOIENRIQUE D].RNEVIILE AND TO LilT SUDIMCRTGAGE ON SAID HOUSE AN:> TO PLACEI IT 0 A l'LIJ'TAT ION, AND T:EN NEGRO

_______ISlAVES .ALSO OI'liED BY HDl.

Francisco Boul1gn1 pe t1 t1 one d the Court alleg i ng:That petitioner is urged to p~ several debts wbicb behas c cnt r ac t ed ; tha t far this rea s on pet1tione r has de­cided to sell a cer t ai n house of b1s ownership to Pab ­lo Segon for the sum of tweDty one tbousand pesos; tbatpetit10ner has mortgaged said bouse to Enrr1que Darne­ville in tbe sum of six tbousand pesos of wb1ch sum,two thousand fhe bundred pe s cs wh1cb 15 the first pay­IIl8nt on said mortgage are pest due; that petitioner hasrequested said Enrr1que Dernev11le to lift the mortgageon said bouse and place 1t on a plantat1 on alii tennegro slaves owned by pet1 t1 oner to be able to sellsaid bouse to pay Don Enrr1que Dernev1lle said past duesum of two thousand t1 ve bundred pesos; that said En­rr1que Dernev1lle has refUsed to grant said request,prejudicing petitioner's interest and that of his cred­1tors; wherefore pe t i t 10ner begs the Cour t to order theCour t Cl er k t o 11ft the mortgege On sa1 d house and plac eit On said plantation and t en negro slaves, as above re ­quested.

The record shows t ha t the Court granted said Fran­cisco Boulign1's petition and r e f used to grant Enrr1queDernev111e an appeal of said decision on tbe groundsthat the SUperior Court bes nO jurisdiction in thismatter .

The cost of t be se proceedings amounted to 17 pesosand six reales wb1cb were paid by said Enrr1que Derne­ville.

The plaintiff, a resident or this City, petitionedthe Court allegi~ that the defendant is indebted to pe­titi one r- in the past due sum of 272 pesos, as a balancedue on a promissory note made in faver or the plaintifffor the sum of 272 pesos, as evidenced by the documentpresented, and that the defendant has refused to mB.kep8yment on dEll!B nd. Wherefore, pet it ioner begs the Courtto order the defendant to acknowledge his signature af­fixed on said promissory nota, and to make payment onsaid promlsscry note and in default thereof to issue awrit of execut ion against the personal property of thedefendant in order to satisfy sald debt, plus interestand the cost of these proceedings.

File {l2627. )Apr. 4, 1788. )Judge: A. Argote. )Court Clerk: Pedesclaux )P.lto24. )Spanl sh. I

DOCUMENT #1767.BOX so,

CASE OFANTONIO XIMENEZ

VERSWDON mANC I sea MENA..

)

On Apr. 4, 1788, the Court granted the plaintiff'speti tion.

The record shows that the defendant admitted theplaintiff's allegation and that Francis~ Pascalis de laBarre, Chief Constable, on pla int iff's pe titi on and byorder of the court notified the defendant to pey theplaintiff the sum claimed of 262 pesos, plus interestand the costs of these proceedings; and that the defend~

refused to make peyment, and tha t a writ of execut ionwas ordered by the court and executed on a certain negroslave llaJred Eventura, of the defendant's ownership.

The reca-d further shoos that all the defendant'scredit ors including the plaint iff granted the defendanta moratorium to pay his debts and that by crder of thecourt the said negro slave was returned to defendant.

125(AI#10

File #258 2 . IJ..pr. 5 , 1798 . IJ dge : Estevan I

i r o. )O'~ rt Clerk : R.IerdOl!lo . )

P. 1. IS;,an i s h . 1_____ 1

DOCU~NT NO . 1788.BO 5 .

PROCIL.G~! r: • I I JU N OOU 3I....ill IST:ER T'IO LETT S IN THE OFF ICE

T!S CURT CLEF.K .

Enrieta egnter , widow of Juan Soubie , pe ti t ionedthe Court all egi ng th at it is convenient t o pe t i Hon­er 's i nt erest t o r egi ster in the office of the CourtCl er k, in the book u sed f or t hat pur pos e , the twoletters duly presented s igned by ons i eur lc hurut ,at Saint Genev i eve, one dated March 18 , addressed toetitl one r 's deceased hus ba nd and the ot her dated

, ova:nber 4 , addressed to pet t Loner , her " fore, e tl -t! oner begs the Court t o order as pe t i t l oned , a ndafter s eid l e tter s ere regl stered to r eturn than tope tl tl oner •

The r ec ord shows t hat the Court ordered as pe t t1 on­ed by Enrieta Regnier .

The record does not sh ow the c osts of these pr o­

ceedings.

fj22#10

The Court ordered as pe t it i oned by Pablo Segon.

to CU1&.NT NO. 176\l.BO X 60.

File j2601.AIr . s, 1788 .JUdge: Esteva nIUro .Ccurt Clerk: P.Pede sc laux •P. 1 to 2.Spanish.

Pablo SeBon, a resident and mercha nt of this city,petitioned the Court to be allowed t o register in theoffice of the Court Clerk a statament in which petitionerdescri bes the los s he suffered in the fire that occurredin this City on March 21, 1788, said loss amounted toone hundred thousand forty four pesos and three and onehalf reales and to deltver to petitioner the originalof said stateme nt after it ha s been duly registered .

) HlOCEI.D !Nl S INS TI TUTED BY PABLO s&:ONI TO BE AILOVIED 10 REG ISTER IN THE. OFF ICEI OF THE COURT CLERK A STATEMENT 'I/IlEREmI HE SPB: IF IES ALL THE LOSS 'I IlP.T HE SUF­I FERRED IN THE F m E 'IiIl ICH OCCURRED INI TH I S CITY.II

_____1,

#24.110

t

The le intiffs, residents of th s City , petiti onedthe Court alleging, t hat as evidenced by the documentduly pre sen ted the defendant is i ndebted t o pe ti ti one r sin the su m of three thousand s even hundred eighty threepesos a~ t wo and one half r eales in _exlcan co:n, f ora farm and parcel of land whic h the defendant adjudicat ­ed in a public sale; that said debt Is p ast due and thatthe defendant has not paid on del1!lnd. Wherefore, p eti ­tioner begs the Court to ord e r the defendant to paythe petitioners their claim and in default thereof toorder the Court Clerk to issue a writ of execution a­gainst the properties of the defendant in or der t o satis­fy the sum claimed, plus interest am costs of these pr o­ceedings.

DCCtTM: NT #1771 .BOX 50 .

l11e #2 605.pr o 12, 1788 .

JUdge : Estevanti ro .

Cocu-t Clerk: P .Pedesclaux.P. 1 to 4 .~nish .

II CASE FIFRA!IJ !801.. T AI 'IE,IRWTIJTA Ql,CARTY ,

VIESUI B NARDO BEhNOD Y.

WIDOll OF JUANJTJA. : C 'l TY

The Court ordered as pe ti t ione d by the plai ntiffs.

The record is incomplete and the ou t come of the caseis not knoorn.

24illO

,

___ _ _ ___J

l11e #15.Apr. 12, 1788.Judge: Antonio

111

de Argote. 1CC: R. Perdomo.1P. 1 to 15. 1Spe.nish. I_____1

DOCUME1~ NO. 1772.OOX 50.

PROCEEDOOS INSTITUTED BY JUAN PAILLErTO ProVE THAT VALUABIE PAPERS AND OmERmLOmImS ENrRUSTED TO HIS CARE, WEREDESmOnD BY FIRE ON MA.RCH 21, 1781.

Don Juan Pai11et, a merchant of this City, petitionedthe Court alleging that it is convenient to petitionerto have the Court receive intol"llation from the witnessesthat he will present end who will declare under oath ac ­cording to the followl Dg interrcgat cry: 1. Whether theyknOll that petitioner possessed in his house four trucksloaded with various merchandise belonging to Mr. JeneslsRandn end that they were destroyed by fire on March 21,1788. 2 . Whether they knOll' that in the same manner wereburood several documents in his house amoDgst which werefour promissory notes executed in favor of Don Gabriellusell1 er de la ClalJ'e I The first note executed by DonFrancisco Boul1gnyl .the second by Mr. Devi11iers, theblind man; the third by Don Luis JUdice and the fourthby Hilar10 Boutet.3-Wbether they know that also in thesame manner were destroyed by fire in said hOuse twoboxes containing 52 dozens of socks for the army endanother box containing a two cyl1nder machine to copyletters, these belonging to Mr. Martin Jr. , son of Andres,a merchant of Marseilles, Frence.

Peti tioner alleges that owing to the intensity of thefire all efforts to save these articles were unsuccessful.Wherefore petitioner begs the Court to deliver to thepetitioner a copy of these testimonies duly authorized inpublic flrm.

On Apr. 15, 1788, Don Juen Pai11et presented as hiswltDllsses before the Court Clerk, Don Santiago Huber Bele­xir, Don Salomon Mell1nes aIll. Don Juan Be.ptiste Caravi torender their declerations, end after they were duly swornaccording to law, they answered to the above interrogatory,

(cont'd)

\_ _ _ _ _ _ _ _ _ _ _ _ _ 1IIIIIIIIIi

(Doc . #1772)c ont ' d .

The reccrd shows that on Apr _ 17, 1788, the Court,after hav1ng examined the evidence presented, a pproved it,but granted the persons whose effects had been burnedwhile in the possession of petitioner, t he right to pro­mot e hatever action thay deemed convenient on their be-

half .

their te stimonies entirely substantiating petitioner's al­

~_~ legations-

126(A}#10

!!I

~ "... ..., ,j,,,IU. • •

C SEAm J.. Bill

V _"USA.IT GO C

roaJME~1T r/l 773 .BO 60 .

he pleint1ff, a resident of th s Cit , petitiollfl dt he C o~rt alleg ing t hat as evidenced by the promissorynote cu l presented the de fendant is indebted to fElt i ­tioner In the past due sum of t h r ee hundred pesos , in I

xlcen c oin; that on severa l occasions petit onerlhas demanded said s um am that t he defendant has re- lfused to pay . Whe refore , pe t.Lt Icner begs too Cour tto order tte defendant to acknowl dge his signatureaffixed on sa d promissory note ~resented and to de­c lar e under oath bethel' he owes the SUJll cl al lOO d .

File 1,42 . IA r , 12, 1788 • IJu e : Ant on i o )JJ: ote , ICourt Clerk : R. I

erdomo , )P . 1 to 9 . ISpanish . I______,1

The Cour t or der ed a s pet! t ioned by t he pl e l nU f f .

The r ecor d s hoe s tret the de fendant admitted t heplain t i f f ' s a llegations , and that t he pla int iff et i ­tl ollfld the Court t o order t he CO\lrt Clerk to is sue awri t of execution aga l ns t the person and propert i es ofthe defendan t In order to satisfy the aim cLa t rced , pLisIn t er-es t and costs of t hes e pr-oceedt rg s , a nd that thepla int iff pe t i t l one d the c our-t not t o Issue a passportto the defenden t w1'o int nds to leave t he c ity forth e por t of Guar Lco , or t o void said pa ssport In theeve nt t hat I t hes been is sued .

The r ec or d f urther shows too.t the Court orderedt he defendent t o pay t he plaint!ff his cl a i m whi ch Isderived from a 08&1'0 slave t hat the defendant purcheswfr om the plaintiff , and that due to t he fact t hat thedefendant i s absent fr~m t he c ity and t he acti onbr ght by tho plaintiff to obtain said n8bro ba ck ha snot been settled , the court ordered the plaintiff tog i ve a secur-Lt y fer tbr ee hundre pesos i n case t ha tsaid se le is void by the c our t , and thus pro tec t t hethree hundred pesos 'hich the court ordered t he de ­fendsn t to ~a to t he pla Inti 1'1' .

The case Is incomplete and the out c ore of t he ca seis not known .

DOCUMENT NO. 1774 .BCP:: 00.

Flle #1774. IApr. 12, 1768. I DON FERNANtO RODRIGUEZ , PETITIONED TIlEP. 1 to 6. I COlRT FOR THE PURPO SE OF PROVING TIEJUdge: Don K. I OWNERSHIP OF A CERTA IN NERO SLAVE.K1r o . 1Court Clerk: IP. PedeacIaux , ISpanlsh. I_____1

Don Fernand o Rodrlgue z , a res1 dent or th is c Ity, pe t I>t1t loned the court allegl ng ttet about five years ago,petltloner bought from Don Juan SUlrray a certain negroslave name d Josaf; pet l t loner pald cash a t too tl~ ofthe sale and In order t o prove pet itlo~ r 's tlt le . Where­fore, petltl oner begs the Court to admit par ole evldenceof sa l d sale and to declare pet it loner tte (/;iner of saldslave.

On Apr. 12, 1788, the c ourt ordered the court clerk toreceive the petitloner's parole ev i denca.

The record shows that on Apr. lE, 1788, Don Ferna ndoRodri guez pr es ent ed as his wi t n es s Don Sant iago FelipeGulnault, Don Santiago Estevan Lemaire and Don Felix deMar t er , wh ose daclaratl ons under oa th substantiated saidDon Fernando Rodr iguez's allegations.

On May 0, 1768, the court after /laviq> examined therecords, declared Don FerP~ndo Rodr lguez, the owner orsaid negro s l ave named Josef.

The reool1 shows tbet Juan Antonio st. J.nne, tormeragent ot the deceased COlIlIIllUlder ot tbe Post ct J.rkan­sas, Baltbezar de Villiers, and special agent appointedto liquidate the attairs ot a business partnersbipwbicb said deceased bed with Monsieur J.rnaud, ot Natcbi­toches, petitioned the Court to release b1m ot all tberesponsibilities arising out ot the acknowledgment bemade ot various accounts and promissory notes executedby several persons in tavor ot sald partnersb1p, and toautborize him to claim tbe sum ot 800 l1vres tournois(Frencb pounds) from tbe responsible party whenever bedeemed it convenient, whicb sum petitioner supplied outot his private funds to pay several credi tors ot saidpartnersbip witb the purpose ot tacilitating tbe liqui­dation ot the aftairs ot said partnersbip. Petitionerfurtber alleges tbet he never was able to recover said800 livres tournois nor b1s commissions as such agent.

PROCEEDOOS INSTIroTED BYJUAN ANTONIO ST. ANNE TO BE RE­LEASED mOM THE RESPONSIBILITYBE BAS ON CERTAIN ACCOUNTS .ANDPROMISSORY NOTES.

DOCUMENT NO.1775BOX 50

File 1/85 )Apr.14, 1788 IJUdge: Juen Doro- )teo del Postigo )Court Clerk: R.Per- )domo )Pages 1 to 3 )Spanish )

)

Petitioner also begs tbe Court to furnish bim with acertitied copy ot tbe preceding petition and ot tbeCourt's decree.

Tbe record furtber shows that the Court released pe­titioner ot all the responsibilities arising out ot theacknowled~nt be made ot the atorement1 oned accountsand promissory notes; authorized b1m to claim the 800Uvres tournois due hllp., plus b1s commissions, and or­dered the Court Clark to give him the certifi'd copy besolicited.

i22110

DOCUMENT NO. 1776BOx 50.

File #23gZ..lpr. rs, 1788.Judge: AntonloArgote.Court Cleri< : P.Pedescleux .P. 1 to 66 .Spenlsh and!'rench.

II mOCEEDIms INSTIWTED BY JACOBOI OOWPERTIlW.A.IT , JUAN VWTURA MCllALES,I JCS]}'H MONTIDUT, JUAN BAUTISTA ME1.A­I WC AND OTHER CREDITUtS OF THE DE-l CEASED llW£ ISCO BIROT, TO HOLD AI lEW MEETIm OF CREDITORS TO DISCWSI THE GRADIm AND PAYMElll' OF mEIR RE­I SPECTIVE CLAIm._ _ ____1

The record shoas thet lnsolvency ~oceedl~s were In­stl tuted agalnst the estate of the deceased l'ranclscoBlrot; the t befere they CllJ!J3 to a conclusl oD,the recordsof sald proceedi~s were destroyed by f i r e; that conse­quently the credltors or lbe deceased amo~ whan wereJacobo Cowperthwalt , Juan Ventura Morales, Joseph Monte­gut and Juan Bautl s to. Meleduc, tile d pe t i t1 ons to have anew Jlllletl~ of credi t cr s in order to discuss the gradingend paYment of th eir respe ctl ve ola le; that ev identlysald IIIl eUng was held, and tha t the Court then made thegrading and distrlbution of the e s t at e amo~ the credi­tors to satisfy their claims, some of which claimswerepaid only in part.

The record furthe r shows that .lntonlo Morales, receiv­er In the insolvency proceedi~s i ns t i tuted against theestate of t h e deceased Frenc i sco Blrot, i n compliancewlth a Court order, dellv ered to the Court Cler k a ll thebills and accounts cile the deceased by several persons,In order tha t their pe.yment lIBy be enforced.

The record, however, is incOlllplete and shows that onlyone of the debts due t he deceased 1I8S paid, the proceedsof which were delivered to Juan VEiltura Morales, one ofthe priviledged creditors of the deceased, as another}&rt peyment on his c1 elm.

The record does not show the cost of these proeeedl!88

#22110

File #2'390 . IApr. 16, 1788 . )JUdge: J oset IFoucher . )CC: R. Perdomo. )P. 1 t o 23 . )Spanish . )______1

DCCUMENT #1777 .BOX 50

CASE OFAlEJANDOR roRE

V:ERrosLUIS BOISDORE.

The pleint11'f, thro~h his Attorl8Y, petit10nedthe Court allegi~ , that as e videnced by the mor tgag eduly pra sented the detendant 18 indebted t o pe t i t10ne rin the pa st due sum of ten t housand three hundred p es ­os; that the defendent has faile d t o p",. sald sum ondlllland. 'lherefare, pet! tl oner begs t he Court t o issuea writ 01' execution against the per son end propert! esof the defendant , espec ially on the negro s l ave s speci­fied on said mor tgag e , t o satisfy the sum claimed, plusinterest and costs 01' t hese proceedings .

The record shows that the Court or der ed as petition­ed by t he pleint11'f , and that said writ 01' executionwas not enforced due to the fact that the Gove rnor 01'this Province i s sued a decree gtlanti ng one year ofgrace t o PeY their debts t o those pe rsons who l ostthe ir properties or bus f ness in the fire cecurred i nthis Ci t y on March 21 , 1788 .

The record further shc.s that the detendant died;that the year of gr ace granted by the Governor elepsed;tl:at t he pla i nt 11'1' bro~ht this action agains t the Suecession of said deceased, end t hat the Court on plain­tiff's petit ion again ordered the enforcem ent of saidwrit 01' executi on. But said wri t was not enforced be­cause the IE'ope r tie s of s aid deceased wer e ceded to thecredit ors by the wi dow.

The recor d als o s hows t hat the plalnt i t1' a dmitted(cont'd)

(Dec . #1777 )cont ' d.

having receiv ed the sum of two thousand pesos from theSUccess ion of said d eceased , le avi ng a balance of eightthousand three hundred pe SO&; tl8 t the wl dow ceded allthe properties of sald deceased to his oredl tors, andthat the plaintiff petitioned the Court to notifY tI:Bcredi tors of hIs cle 1m.

The record also shows ths t Lu l s Boisdore J r. as cred­itor of his deceased father CO l tested the claim madeby the ereditor Alexandro Bore on the grounds that saidBore has received on varlous occaslons sums of moneyf r om his deceased f et her, and that the reaso!: why hi aclaim , has not been r ed ed was due to the tact thatsald Bore lias charging usur-Ious interest, and that aostpayments DIIde by his deceased father were applied tothe Interest ; wherefore, he petltioned the Court to ord­er said Bore to apply the paymenlll made by hIs de ceasedfather to the prlncipal.

The record further sh oe s that after a long litigationthe Cour t declded that Alexandro Bore was only entitledto three thousalld seven hundred pesos and six reeles onhls c la i m as t he paymen t made by the deceased Boisdorehas reduced his cla im to sald sum.

#24#10

File #2629 . IApr. 16, 1786. IJ udge: Don E. I!liro. ICourt Cl erlt: R. IPedescleux. IP. 1 t o J3. ISpan ish. )

------)

roCUMENl' #1778 .BOX 50

CASE OFDON FRANCISCO DE SALES BADILLO

VERroSPEDRO VISOSO .

The plainti f f , peti tioned the Court alleging thatit is c onvenient t o petiti oner that the Court order thedefendant t o declare und er oath whethe r he has deliver­ed t o Don Josef Zamora , the su m of 800 p esos t tet thedefendant has in his charge beloQgl ng to petltloner.Wherefcre, pet! tl ooor begs the Court to order as p eU ­tloned.

On Apr. 16, 1768, the Court g r ante d t he plelntiff'spet l tion .

On Apr. 17, 1768, ln compl1 ell:e with the precedlngdecree the defendant a ppeared before the Court Clerkt o glve hls declaration, snd aft er he was duly swornaccording to law , stated; that it is true that he de­livered sald sum of 800 pesos t o se1d Zamora, in virtueof a decree lssued by the Governor ,

The plaintiff, further peti tloned the Court alleging,that as evldenced by the defendant's dec Iar-e.t.Lon , where­in the defendant declared of havl r€ dellvered sald sumof 800 pesos t o sald Zamora; and that the defendantfraud uently disposed of saldsum he had in deposlt forpeti t ioner . Wherefore, petitioner beg s the Court tocOl:lpel the defendant to pa y sai d sum lmmed1&tely and indefault t hereof lssue a wr i t of execution agalnst allof h ls pr oper t y i n order to s at lsfy said sum plus In­terest and the costs of these proceedi ngs.

On Apr. 19, 1788. t he Court ordered the Court Clarkt o forward a co py of the pl ai nt l f f ' s petltlon t o DonJosef Zamcra.

(c onttdl

(Doc . /11776)cont t d,

Then Don Jose Zamora, after baving received a copyof the plaintiff's petition, answered it alleging that theplE.intiff instituted these proceedings with malice, ashis reasons a re unsound and unfounded as this ease hasbeen settled by this rri1:unal , and that the ple.i ntiff haseppealed to the Superior Court of Havana, which appealis still pe ndi ng . Wherefore, int6rvinor begs the Courtto dismiss the plaintiff's auction.

On ArT. 26 , 1768 , the Court decreed as peti tioned bythe intervinor end condanned the ple1ntiff to pay for thecos t s of t he s e proceedings wblch amounted to 9 pesosend 3 r ealws.

123tllO

File #2396. IAIr. 17, 1788. IJUdge: AntonIo IArgote . ICourt Clerk: P. IPedescleux. IP. 1 to 4. I~nlsh and Ihench. I______1

rocm.IDlT NO . 1779.rox eo ,

PROCEEDINGS INSTITU~ BY AGUSTINBAUDIN TO OBTAIN A PER-lIT TO Sl!LLA NEGRO SIAVE NAMED BAlJTISTA, OFHIS OWNERSHIP.

The record shows the t Agusti n Baudln, a resIdent orNew Orleans, peti tioned the Court alleging tha t liS evi­den ced by the prIvate deed of sale duly pr e sent ad petitioner purchased fran Monsieur Dandaule a certain negro slavenamed Bautista of 30 years or age and a tailor by trade,at San Pe dro de la MartinIque, on December 17, 178 7; andthat the Notaries of t h is City have refus ed to acceptas valid peti tioner ' s t1 tle on saId negro slave on theground t ha t It was ac cp l r ed through a privat e deed, andc CIlsequent l y they heve als 0 r e fu s ed to author Ize any deedof sale Involving said slave . Wherefore petItIoner begsthe Court to order any of the Notaries or this Ci t y t oauthorIze t he sale whIch petIt loner Intends t o make orsald slave.

The r ec crd shows thll t tm Court, atter havi ng establ1sh­edthe legItilDl!cy or petItioner's title on said negrothrough two wItnesses who testI11ed as to the authentIcityof MonsIeur Dandaule's signature, granted petitIoner'sprayer.

The record does not show the costs or these proceedi~s.

#22110

File #2622 . )Apr. 17, 1788. )JUdge: E. Yi ro . )CC: Pede sclaux. )P. 1 to 9. )Spanish. )___ _ _ 1

OOCUMENr NO. 1780.BOX 50 .

CASE OFVILIANUEVA

VER SUSJUA.N ROBIN.

The pla int i t t , as one ot the heir s or his deceasedtather Juan Villanueva, petitioned the Court allegingthat as evi denced by the contract presented, pe t i t i on­er's deceased tather contracted with the detendant toexchange 4 arpents or land situated on the other sideof the river, tor 150 ,000 shingles, snd that the defen­dant has tailed to carry out his par t of the contract.Wher etore , pe t iti oner begs the Cour t t o i ssue a wri t ofexecution against the properties ot the detendant inor der to satisfy said claim, p lus intere s t a nd t he costor these proc eedings .

The record shows that on Apr . 30, 1788, the Cour torders the plaintiff t o pr esent a power of attorneytrom the widow ot Villanueva, t ut oress ot her mi norchildren, and al so decreed that whatever is claimed by

~ .the petitioner if obtained is to ,equa11y divided amonghis brothers.

The record is incomplete and the outcone of t hi scase is not known.

125(AI110

roClJl:LNT .10. 1770.BOX 50 .

File #118 .Apr. 18, 1788.Ju e: Don E ., ro .

Cou t Clerk: "'.PerdOClo .P. 1 to 11.

CA.";EIXlI; DK IU CLARK

r...P.SJ SDO. L"IS BeISDORE

SPa, ~sh . The pla nUff, pet t Lone d the Court,allE>6i~ that it is convenient to

pe t l ti ooer to order the defendE.nt to deoleure under oath,whether 1t Ls t rue that he has trar,sferred to petl t tone rthe Slm of 8000 pe sos , t hat Don JuHan Guerir:, 0 ed tothe defendant , and that said sum a to be peid on Cct .of last year said sum is the balance of greatE>r swnoriginating from 21 slaves that pet1tior.er sold to thedefendan t , and to f' ther order the defendant to declarehether he hes rece iv ed some mer.ey from said Guerin, aft ­

er t he defendant r-an sf'er-r-ed said sum of BOOO pe scs , tops t It Loner and to g i ve a oopy of the defen an t t s deolera-!tien te petit iooor . I

On Apr. 8, 1700, the Court g r-ant edthe plaintiff 's petition .

The record shews t hat the defendantad. t ted t he plaintiff 's al legations and stated: Thathe r-ec et ved from said u ue r in , the sum of EOOO pesos butthat said Guer i n , still ewes him the balance of 2000 pes -

os .

The plaintiff then petiti ened th eCOLort , to order a writ of executi en aga i stall t ~ pro­urtles of the defendant in order to sat sfy the sum~laimed of 8636 res es •

On Apr . 14 , 1788, the OO-'1"t grant-

ed the plaintiff's petition.

The record is incom:,lete and thecs se is not knoe n-

The recerc shows that both pertiesc ,promised and that the 1'1" ntiff, petitioned tha Courtto order the defendant t o ney fer the costs of these

proceedi ngs .

23•

IXlCUMENr NO. 1781.BOX ~O.

File No.8.Apr. 21 , 1788.Judge: MartinNavarro.Court Clerk: R.Perdomo.P. 1 t o 4 .Spanish.

I rn OCEEDIW S lliSTITUTED BY CARL OSI VlVAJ.'IT AND COMPANY, RESIDENTS ANDI MERCllI.NrS OF NEW ORLEANS, TO OB-I TArN A PERMIT TO SELL A BRIGANTINEI NA.MED "EL DELIVRAIXl" , OF THEm1 0 NERSHIP.II______1

The record shalS tha t Carlos Vivant and Ccmpany,a business firm tormed by Viv ant, Duclot and Sou ll e ,resident s Bnd alrchants at New Orleans, applle d tothe Court frr a permit to sell to Santiago Mathe r ,also B resident and merc hant of New Orleans, a oer­tain briga ntim of their O1I'mrship n~d "El Dellvra-

do" wh ich is anchored at th i s prr t . Pe t! t i onersalleged tbat they are unable t o present the ir titleon said brigantine beoause it WB S destrqyed in thefire that occurred in this city on March 21, 1788.

The record further sh ow s that pe t i t i oner s ' titleon the said brigantine was tully established throughinformtion furn ished by the office of the Administration of Revenues the r ocords of which showed a per­mit issued to pet itioners t o purcha se the brigantinein quest! on.

The Court , i n view of t he above lnformat ion, gr an ted t he perm i t solicited by pe ti tioner s and the deedot sale was then drawn by the Court Clerk.

The c osts of these pr oceadings amounted to thesum of five pes os and one real whi c h was paid bypet it i oners as ordered by the Court.

1 22/ 10

FHe #189.Apr. 21, 1788.P. 1 to 15.Judge: Don U.

)I)I

Navarro . ICC : R. Perdomo.)Spanish. I- - ---)

D<X:UMENr NO. 1782.BOX 50.

mOCEEDImS INSTITUTED BY DON JULIANVIJ!NNE FOR THE PURPOSE OF IlAVIm ACERTAIN POLACRE OF HIS OWNERSHIPAPmAISED.

Don Julian Vienne, a merchant ot this City, peti­tioned the Court alleging that as evidenced by thedocument present ed tot be Administrator or Royal Reve­nues, petitloner is the owner or tbe polacre Il.llJllIld·ElMars· , which be purchased in the port of Guarico jaDd that havi~ said polacre arrived to t his port,petitlomr desires to sell it . Ihera f ere , petitionerbegs the Court to appoint ellpBrt appraisers to appraisesaid pola cre. in order that petiti oner may pay theRoyal Taxes fixed on foreign vessela.

On Apr . 21, 1788, the Court erdered the pet itl onerto present his title, am also to state the dat e andmonth in which said vessel a rrived to this port.

The r ecord shows tha t Don J ul i an Vienne petitionedthe oourt t o order the trans la t ions int 0 Spanish ofthe t itle he IZ"esent ed . The Court a f t er haviDg examinedthe documents presented, granted Don J ul i an Vienne'spetition, and ordered the Cour t Cl erk to forward acopy ot these proceedings to the office of the col l ec t orof Royal Revenues, and to e stl llB t e the c os t s of theseproceedi n8l!.

On May 2, 1788 , Don PedrO Vivoso and Don ArnoldMag, who were appointed by the Court t o appra I sa saidves s el , accompanied by the Court Clene went on boardsaid vessel tor the purpose of appraisi~ same and at terthey made a thorough inspection of the coDdi tlons otsaId vessel, they appraised it ter the sum ot 1800

(cont 'd)

~

II' I

I ~. - pesos.

, .' J

(Doc. /l1782 )cont ' d.

III

! • •

Then Don Estevan de Quinones, Official JUdicialAppraiser in compliance with the preceding decree, pre­sented an itemized statement or the costs or these pro­oeed ings which lllIlounted to ro pesos and 1 real.

11#23/110

FUe #2597Apr. 22, 1788.JUdge: AntonioArgote .Court Clerk: P.Pedesclaux.P, 1 to s,Spanish andFrench.

IIIIIII

_ _____,1

DOCWENT NO. 1783BOX so

mOCEEDIID S INSTIIDTED BY ELEVA ST.MtillTIN, A FREE NEGRESS, TO OBTAIN APERMIT TO SaL A PARCEL OF LJND OFHER Oi'INERSH IF.

Elena st. Martin, a free negress and a resIdent of NewOrleaDS, patitloned the Court allegl I1g that as evIdencedby the prIvate deed duly presented petit l oner Is t he legi­t1Jnate OIrner of a certain JB ree l of lam of lrr8!Jularmeasurensnts \\blch p etIt i oner acquired fran Fr8llCiscoHenry on June 8, 1769, by exchange; and that petItI onerdesIres to sell saId parcel of land to a free mul.ttressnlllll8d Catalina . Wherefore, petltlollllr begs the Court togrant the necessary permit to perform t he i ntended saleand t o decree that any of the NotarIes of this City maydraw the proper deed of sale .

The rec ord sh ows that the Court ordered pet It Ioner toprove her ownership of said parcel of land ina smuch as theprIvate deed presented does not cons t I t ut e enough pr oof ,in complIance of whIch petItIoner presented three witnes­ses who declared t hat the y knew peti tl one r to be thelegItimate o1l/llllr of said lend.

The record further shows that the Court In consider­atIon of the witnesses' declarati ons, granted the per mi tas solicited by Elena st. Martin.

1122_ ..~1I10

FUe #2202. e )Apr . 27, l78\l. )Judge: Este~an IMiro. ICourt Clerk: P. IPedesclaux. )P. 1 to 3. ISpenish and IFrench. )______1

DOCUMENT NO. 1784.BOX 50.

CASE OFJ1AN LABATUT

VERSUSHILARIO BOUTTE.

rhe p la inti ff, a resident and merchant of thisCity, pe t It Loned the Court alleging, that as evi­denoed by 1. he promis scry note du ly present ed, thedefendant is indebted to pet iUonar in the pest duesum of one thousand three hundred t1fty pesos; thatthe defendant has failed to pay said sum on demand;wherefore peUtioner begs the Court to order thedefendant to acknowledge his sigmture affued onsaid premis scry note and to declare under ClSthwhether he owes the swn claimed plus two yearsinterest at the rete of ten per cent as stipulatedon said promissory note, and to del1ver to petition­er a copy of the defendant's decleration to prcmotewhatever action may be c onven ient •

The record shows that the Court ordered as peti ­Uoned by the plaintIff and that the defendant admit­ted the plaintiff's allegations.

The record is incomplete and the outcome of thecase is not known.

#24#10

File #52. IApr. 28, 1788. I

Judge: Antonio IArgote: ICourt Clerk: R. IPerdomo . IP. 1 to 11. ISpanish. I--- - - - ,)

IX>CUMENr NO. 1785.BOX 50.

CASE OFFRANC !SCO MnlA

VERSUSIlARIO BOUTTE.

The plainti:f:f, a resident of' this City, petitionedthe Court a11egi~, that as evidellCed by the promissorynote ~ly presented, the defendallt is indebted to peti­tioner in the sum o:f 1'Our hundred paSC8; that the de­fendan t has already paid tha SJ.m of' two hundred pe soson account; and that the defendant has :failed to paythe balance of said sum on demand. liberefore, petiti­oner begs the Court to order the defendant to acknowledghis signature affixed on said promissory note preselltedand to declare under oath whether he owes the sum claim­ed by the petitioner.

The Court ordered as petitioned by the plainti:f':f.

The record shows that the de:fendant denied owing saidsum of t wO hundred pesos to the pla intit:r, alleging thathe had paid said sum to Agate Semel by instructions o:fthe plaintif:f.

The record further shows the. t the Court disregardedthe de:fendant's allegations: That on plaintiff's peti­tion the court issued a writ of execution Bg&nst theperson and properties of the defendant to satisfy tillsum claimed, plus interest aDd costs o:f these proceed­i~s, and that said writ Of execution was not enforcedas the defendallt paid the plaintit:r his claim.

The costs o:f these proceedi~s amounted to 11 pesosaDd 5 reales. said costs were paid by the defendant.

1124110

F11e /1'02. IApr. 28, 1788. IJudge: Martin INavarro. ICourt Clark: R. IPerdomo. IP. l to 7. ISpanish. I_____1

DOCUME NT NO. 1786.BOX 50.

mOCEEDImS INSTITUTED BY JORGEPROFFIT TO OBTAIN THE APPRAISALOF THE SCHOONER NlMED "LUISA" ,IN ffiDER TO PAY THE ROYAL TAXON FCREIGN VESSELS .

The recerd shOlls: That Jerge Prof1'1t and DavidRoss, residents and merchants or New Orleans, appliedto the Intendant General of Louisiana for a permit topurchase a certain vessel named "Luisa" at the isleor Jamaica for the purpose of bringing a shipm;nt ornegro slaves to "ew Orlaans, on their own account;that said permit was granted wi th the provisionsthatpetitioners must pay a 21% Royal Tax on foreign ves­sels on the value or said vessel and that its Captainand two thirds of it screw MUS t be subjects or theKing, petitioners being also canpellad to present theaforesaid permit to the ornce or the Administrationof Revenues SO that it be recorded.

The record further shOlls that peti tloner JorgeProffit, after having purchased said ves s e l and broughton it the said shipment or negro slaves to Naw Orleansin partnership with David Ross and in accordance withthe provisions set forth in the permit grant ed, peti­tioned the Court to have the said vessel apprai sed sothet he may pay the 21% Royal Tax provided in thesaid permit; that said vessel,due to its bad condition~

was appraised in the sum or 1,000 pesos and that peti­tioner paid the 21% Royal Tax on said sum.

The cost or these proceedings amounted to 12 pesosand six reales, which were paid by petit ioner... as ord­ered by the Court .

#22/10

I IFile 1/87. IMay 2, 1788. IJudge: Antonio IArgote. ICourt Clerk: R. IPerdano. IP. 1 to 11. ISpanish. I_____1

DCCUMENT NO . 1787.BOX 51.

CASE OFLUIS GONZAL ES

VERSUSPEDRO AN:IARTE.

The plsintit't', a resid ent ot' this city, brought ac­tion against the defendant to recover the sum of 436pe sce , which peti tioner loaned to the defendant on eSlll811 house end parcel of land situated on Orleans st .,as evidenced by the certit'ied copy of the mortgage pre­sented. PeU Uoner alleges that the det'eooant did notsuffer any de.m8ges fran the f ire t hat occurred in t heCity on March 21, 1788 , end t heref ore i s not i nc l udedamong the citizens temporarily exempted :['rom being sued,end tlJl.t the de f endant has failed to make pa yment ondemand. Wherefore, petiti oner begs the Court t o issuea writ of execution agai nst t he pe r son and pr oparti es ofthe detaIl!. ant , and e spec i a l ly aga i ns t t he mortgag edhouse and parce l of land, to sat i sfy pe ti t i one r ' s c laim.

The record shows tbat the c ourt issuad the writ ot'exec u t i on , as pe t it l oned, which lias carried int o et't'ectby Felipe Ravi na , Lieutenant Chief c onstable, who at­tached'the mortgaged hous e and parcel or land.

The recor d furthe r shavs tlJl.t upon ple,1ntiff 's peti­tion the house. and parcel of land afcrementi oned wereadvertised fer sale wit hout any purcbe. ser having ap ­peared and that said propertie s, including a rice milland other business thereon established, were then ap­praised by J os ef Adrian de la Plaza and Vicente Fangui,publ i c appraisers, in the sum of gOO pe s os .

The rec ord , however, is incanplete and only showst hat the c ost s of these proceedings up t o this stageamounted t o 18 r e sos and 7 and 1/ 2 reales.

122 #10

Fl1e (None)May 2, 1788.JUdge: Martin Navarro.Court Clerk: R. Per­dano.P. 1 to 4 .Spanish.

IIIIIII

---- - ---)

DOCXJMENr # 788 .BOX s} .

CASE orSEBI<STINA VAS

VERSWPEDRO VlUAMIL.

The pl ai nt Iff, a res ident of t his City, pe t iti one dtha Court alleg1~ tlB t as evidenced by the pr an l s s or ynotes duly presented, the defendant Is Indebted to pe­tit loner In the sum of four hun dred forty seven pe sosand five reales; and tlBt the defendant has refused topay said sum on demand. Wherefore , pet iti oner begsthe Court to order the defendant t o ac knowledge his s ig­natures aff1Jted on said promis sory no t es and t o declareunder C8 th whether he c.es the sum claimed.

The Court erdered as petit ioned by the plaintiff.

The r ecer d shc.s the t the defendant admit ted theplaint Iff's allegations, and that on plaint Iff's pet i ­tion and by order of the Court a writ of executi on WIIS

Issued against the person and jropertles or the defen­dant to satisfy tha sum claimed, plus Interest and costof these pr oceed i ngs .

The record further s hc.s that Felipe Ravlan , ChiefConstsble, was entrused to enforce ssld writ of execu­tion; that he notified the defendant to pay the plalntlfthe sum claimed (f four hundred ferty-seven pes os and fl vreales, plus Interest and cos t at t hese pr oceedi ng , andthat the de fenda nt Informed said Chief Constable, thathe had pa id the pl ainti f f the sum of t liree hundred pe s oson account.-Thls statement was a dmitted by the plaint i f f .

The r ec ord further sh os s tlB t as the defendant failedto pay t he full sum claimed by the pla I nti ff the CblefCons tabla enforced said writ of execut Ion on a house ofthe defendant's ownership I n or der t o sat isfy the sum

(c ont'dl

(Doc . #1788 1cont 'd.

of one hundred fer ty seven pe SOB · and t'1 ve reale s, whIchIs the balanee of the pla Int Uf ' s clelm.

The record further shows that a s the house attachedwas found t o have been pr evt ous l y attac hed by anothercr edI t or of the defendant, the co urt on plalnUff'spet i t Ion ordered t o e xec ut e said writ of execut Ion onone of the negro slaves of the defendant's o-.mershlp.

The defendant later presented creditable documents,which prove d that he 0 1l6 S the p Ia Int itf only thebalalXle of fitty seven p es os . The Court a dm1 tted saIddocuments and ordered the release and return to thedefendant hIs negr o slen, upon payment of Bald sumof fifty seven pe sos . The defendant complie d withsaId payment and the negro slave was returood to himas order ed by the Court.

The cost of these proceedIngs amount ed to 12 pe s osand 7 reales, sa i d cost were paid by th e plalnUtrand t he defendant .

#24#10

File /183.}lay 2, 1788.Judge: Gov. MIro.COUl" t Clerlt: R.Per domo.P. 1 ,t o 15 .Spani s h .

II

Don Juan Lacoste , a resident of this City. peti tioned Ithe Court allEging that it is convenient t o peti Honerto have the Court admit the witnesse s that pe t i tione rwill present to verify the fact tmt pe t 1tione r su f f er ed ,the loss of two large houses or hi s pos s es s i on caused bythe fire which occurred on March 7, 1788, and that peti­t i oner was ab Ie to rescue fran se.id fire certain movab l eproperty ..hich he stered in the warehouse of Colone l Gilberto Ant onio Maxent, aDd thet said effects were des t r oyed by a second fire cccurr-ed on April 8, 1788 leav ingpe t i t i oner financially embarrassed and not able t o meethis obligati ons. Wherefore, petitioner begs the Courtto admit the wi messes that petit ioner wi ll pr esent andt o forward to petit i oner the original sworn declarationsof said witnesses for which petiti oner is ready to paythe necessary fees .

The record sh ows that on May 5th Don J uan Lac ostepr e sen ted Don Luis Touten Beauregard, Don Carlos de Reg­gio, Don Jose de Evia end Don Alberto Guillermo Ayudan,as his witnesses to pr ove his allegations.

OOctJM;;Nr NO. 1789 •) BOX 51.)I mOCnDINlS INSTIroTED BY JUAN) ~COSTE TO PROVE Tm; Ilo\1!AGES m;) SUFFERRED FR(!,\ TIlE FIRES WHICH OC­) CIffiRED IN Tlfr. CITY ON MARCH .7I AND APRIL 8, 1788. '2-1

-------

The record further shows that the witnesses' declara­tions entirely substantiated petiti oner's allegations,in view of which the Court appr oved said allegati ens-

#25(A)110

1

File ~If.May 2, 1788Judge: MartinNa.varro.CO: R. Perdomo.P. 1 to 113.Spanish andFrench.

The recerd shoos tret Juan Pedro Blanoo, merchantof New Orleans am Captain of too corvette named "Lape ti t - Julia" , pet iti one d t he Court allegi ng the t hesailed on said vessel fran New Orleans to Bourdeaux,France, fer whioh voyage he was issued the properregistry papers by the oftice of the Administrationof Revenues, on March 213, 1787, and that during saidvoyage petiti onar-! s vessal, through no tault ot hisown nor of the crew, went egroum several times andencountered stormy weather, all of which caused con­siderable damage to said vessel and torced it to seekrefuge in the port of Marseilles, lIhere it was repair.ed and trom whence it has returned to Nell Orleans. Tosubstantiate his allegations, petitioner presentedto the Court the proper documentary evidence from thecompetent authorities of Marseilles, France, who per­tormed the inspection of too aforesaid vessel and mad.an inquiry of its accidental arrival to said port.Wherefore, petitioner begs the Court to exonerate himot all the responsibilities which may arise from histailure to complete the voyage to Bourdeaux, hance,tor which his registry papers called.

The record turther shows that the Court in view otthe evidence presented by the petiti oner, e~onerated

him of all responsi b l Lt ties.

The cost or these proceedings amounted to ten pesoam tive reales which were paid by petitioner, by ordEot the Court.

#22illO

-

DOOUMlili'T NO. 17110.six 61.

F11e #2416.May 6, 1788.JUdge: JlanArgote.Court Clerk:Pedro Pedescleux.P. 1 to 8.Spanlsh.

IfII

IIII~ t

I"

Ii\

II

I, PROCEEDIIDS INSTHUTED BY, I».NUl. CURE: AND FELllE CHESNEI TO sat, AT PUBLIC .ADCTION AI CERTAIN NIDRO SUVE OF SAIDI FELIPE CHESNE, IN ORDER TOI SETTLE A CERTAIN DEBT.I

- - - - - - ,The reca-d shows that Danlel Clerk and Fellpe

Chesna, through their attorooys, petit1 oned theCourt alleg!.q: t16t the tarmer BOld to the lattera certeln negro s14 va for the sum ot 1500 pesos,whlch sum was to be I81d on a certain date; that thedate for payment ls long pIIst due e.IX1 petl tl onerFellpe Chesne ls stll1 unable to comply wlth It; lnvlew ot whlch and ln order to fac11itate payment otsald sum petitioners have agreed to have said slaveappralsed and sold at pUblic 81ction with the under­standlq; the. t should the proceeds ot the lntendedsele not sufflce to pay ln full the 600 pesos clalm­ed, peti tloner Danlel Clark agrees to grant peti­tioner Felipe Chesne an extens 10n or tilte in lIIhlchto pay the remainder.

The reccrd furtblr shCliis that the Court grantedthe above petition, and that the slave in questionwas appraised ln the sum ot 460 pesos and then soldat publlc auction to the highest bldder, Juan descsse, tor cllsh P6yment at 316 pesos whlch were de ­II vered to pet itl oner DB nre 1 Clark, II s agreed.

The costs ot these proceedlq;s amounted to 20pesos lind t our real(ls, 1blch were pald by petitionerFellpe Chesne, by order at the Court.

#26(AI#10

-z,-'-- - - - IIIIIiiiiI.

DCCUME},'T NO. 1791.BOX 51.

Flle 1}28. I~.-jj May 6, 1788. I CASE or.. JUdge: Antoni o 1 SANTIAGO FERRAND

Argots. I VERSU5CC: R. Perdomo. I PEDRO IDIARD.P. 1 to 7. ISpanish end 1French . 1 The plaintiff, a resident of New

_ _______1, Orleans, petitioned the Court el-legi~ tl8t a s evidenced by thedocument duly presented, the defen­

dant is indebted to petitioner in the sum of e,l~ pesos andsix reales 1hich petitioner supplied in cash ani marchan­d! se out of his private fu nds to be used in a bus !ne sspartnership he had d th seid defendent; ani that the de­fendant in the statement of his debts which he presen tedto the Cour t failed to list peti ti oner' s cle 1m. Where­f or e petitioner begs the Court to order the defendant t oac knowl edge the mark affixed to the obligation presentedand also t he debt cle imed by petitioner, and one e thishas been oone to declare pe t it ioner a legitimate credi­tor of the defendant.

The reccrd shos s that the defen­dant was notified of the plaintiff' s pet~-lon . and declar­ed that the ple1ntiff ' s cla im is aut hentic but the t thedeclarer owes only half ot the sum clal ul8d inasmuch as hesuffered considerable losses in the business partnershiphe hed wit h the pla int i ft which caused him to withdrawfran sald partnership.

The record turthe r shar s that theplainti tf the n egreed to accept whatever amount would beassigned to him in the prorati on of the properties of thedefendant which is to be made among his credi t or s.

The c ost of these proceedings amounted t o t our pe sos and tl.". .and one- hal f reale s..

1122

I}~

OOCUUNT ro. 1792.BOX :il.

File fJ2398 . IMay 6 , 1788. lJudge: A. IArgote . ICO: Pedesclaux. IP. 1 to 4. ISpanish. I_____1

PROOEEDI:iGS INSTI'lUTED BY ALFJANIIlOBAGRE TO IlA.VE THE COORT CLERK I SSUE A ,TITLE OF O'IiKERSHIP ON SEVERAL NEGRO

VES IN FAVOR OF REV . FATHER FRIARJOSEP H DE A,RAZAlU..

~he record shows that Alejandro Baure, a res ident ofNew Orleans , petitioned the Court allegi ng t hat hi s unc l e , 'Juan Laffon , a resident of the Post or Illinois, sent topetitioner from said Post in payment or a certain de bt anegress slave ll8!Jled Ca t al i na, aged twenty years, wi t h hertwo infant children, and that petitioner's unc le failedto send his title or ownership on said slaves, for whichr eason petiti oner bas not formalized the sale he bas madeof said slaves to the Rev. Father Friar Josenh de Arazana,• I

of the Post of Opelouse.s , for the sum of 1000 pesos. 'l/herEl' jfore , petitioner begs the Court to order the Court Clerk I

t o draw said title i n fav or of Rev. Fat her de Arazana. \

The record further shows that the Court ordered pe t i - Itioner t o present evidence to substantiate his allegations.

Petitioner then presented the testimoni es of threewitnesses all of whom substantiated his allegations, invi ew of which the Cour t granted pe tit ioner' s prayer an dordered him to pay fer the costs of the se pr oceedi ng s 'IIlhic!lllIIIoum ed to li pesos and 6 realea .

122

110

File 1/6.May 9, 1788 .J Udge : M. Navarro .CC: R. Perdomo .P . 1 to 2 .Spanish.

DOC UMENT NO . 17~3 .

BOX 51.

) PROCllDINGS INSTTIlJT ED BYI PED 0 BIDOU llERm::RT TO SmURE) mE INS CT LON OF mTAI MEI\~Jl!SE BROmm 0 THEI BRIG 'T" E "SAZON" UNDr:F. nu:) 00 CAPTA IN N LAND-

_ ________,) lER AND CO NSIGI: TO PETITIO

•

The record shows that Pedro Bido Herbert , a resi­dent and mercha nt o~ ,n Or leans , pe t i t ioned the Courtellegi~ that on the brigantlne nam d "sazon" , ownedam cOllJllallded by Juan dl Er, were bro~ht consignedto peti tloIl8r seven bundle s of goods numbered !ran oneto seven; that as proven b n inspecti on mde o~

laid bundles i n the ROJ'Sl customhouse , the bundle llBr k-d with nwmer tllO arrived entirely damaged , and t or

this rei son petitioner has r fused t o accept it. andthat in order tbat pltlt10ner be exonerated ot anyre sponsibi lity with whi ch he may be charged by theCalsi gnors or laid goods, petitioner begs the Court toorder that two lmra rUal merchants o~ t hi s city makean iDllpecti on of laid '0000 le and tle n make a reper tbefore the Cour t Clerk staUne the cond! Uon and theextent of the d!lllJllges suffered by sald 'ooDdle , endthen to dellver the records of these proceedings topet1 Uoner t or hll protection.

The Court ordered as petitioned by Pedro BidouHerbert , ",pointlng two IlIlrchents , Christoval de Armasand Pedro Sauve , to IIlIlke tbl inspect 10n requested wiihthe assistance ot Captain J uan dlEr .

Tile recerd further . hals tha t the merchants appoint­ed b the Court with the ass l s tance of Juan Landi E2'

cont' d

Doc . #17~3 1

cont 'd)

IIl8de the inspection of tbe bundle in que at Icn , decidingthat se1d bundle was not deaaged on the brigantine onwhich it was shipped but that it was elread deroegedwhen pla ced on se1 brigantl ne .

be r cor d d ces net shOll tb e cost or tbese p roceed­i bgs .

#22110

The plalntlff brought a ct l on agains t the defendantallegl ng, that as evldenced by the obl iga t lon pr esent ­ed the defendant, a resldent of the Post or Avoyell es,l s lndebted to petltl oner ln the pa s t due sum of 1250pesos for the value of two llll gro slaves so ld to the de­fendant a nd thetas tb:! defendant has talled to paysald obligatlon on maturlty . lIber e for e ,petit l one r begsthe Court to lssue a war rant t o t he Commander of Avoy­elles, lnstructln sald Commandant t o demand of the de­fendant the sum claimed and upon default of payllJ9 ntthereof, to selze the defendant's pr ope r tie s ln orderto satlsfy the s um clalmed.

Flle 1/2399 . JMay 9 , 1788 JJ udge: Es t evan Ilro. J

CC: Ped asc Ia ux- ISpan1sh. IP. 1 to 11. I

DOC1JMENr 1/1794.BOX 51.

CASE orALXXANDER B ID01J

VERSUSDON SNo\! IA.GO GAGN!ARD.

The rec ord sn cs s that on May ro , 1788 , the Courtgrented the plal:ltlff's pr eY er , and crdered a warrantto be lssued to the Commander of the Post of Avoyelles ,lnstructlng sald c ommander t o detrand the defendant topay the sum claimed and ln defeult there of t o selzethe defendants propertles , to sell them at pub Ll.c aucti ­on and to tbr"ard t b> pr oceeds or sald sale to t his

Cour t.

The record ls lncomplete and the outC QlIJ9 of thls

case ls not known.

125(A)1/10

DOCUMENT NO. 1795.BOX 51 .

II PROC EEDIID S INSTITUTED BYII J UAN lA RMANDIE, CAPTA IN OFII THE BlLAND:ER NAMED " U FAVOR­I I EC IDA" , TO PROVE THE FACTI I TIi\T UNAVOIDABLE EV::h"TS

ji ll CAUSED HIM TO BE CONSmERABL~

D:ELA.YED IN A VOYAGE FRet.!_________1I IlA.VANA, CUBA ,TO NEW ORLEANS.

Flle #27Mey 14, 1768.Judge: EstevanMiro.CC : R. Perdomo.P. 1 t o 70 .Spanish am French .

The record shows that Jua n Lannand1e, a resid entof New Or l ea ns and Captain of the b i lande r named "LaFavorecida" belonging to Juan Poussou , a me r chant of

ew Orleans , petitioned the Court all eging that hedesires t o prove to the Court t he fact t hat unavoid­able events caused him considerable delay in his voy­age from Havana , Cuba, to New Or leans, as evidencedby tile clearance which pe t it ione r has delivered t o theoffice of the Admlnistration of Revenues . In order tosubstantiate his allegation and f or the proper legalef f ect s pe t i ti oner present s to the Court in legalform the l og of said voyage and the records of a ver­bal ln~1r y made ln connectlon with same .

The Cour t acknowledged the recelpt of the afore­sald documents, ordered the off1ci al translator, Este­van de Quinones , to translate them into Spanish andappointed Francisc 0 de Sa la s Badillo and crispuloSanchez, Captainsand Pi lots of vessels , to examinesaid documents and then to render their report onthe 1r authentl ci ty .

The record f urther shows that Estevan de Qulnonestranslated the said documents end that they were thene xamined by Captains Francisco de Sales Badillo endCrlspulo Sanchez who found that the delay suffered

(cont'dl

(Doc . #17'il6 lcont 'd .

by the afereI:lentioned bilander was caused by severestorms it encountered durillB the voyage from Havana .Cuba, to New Orleans , 1lbich for ced its Capt ain to takevarious and l ODge r courses in order to reach sefelythis port . Seid Cap t a i ns also found that neither on thel og of t he bHander 's voyage nor on the records of theinquiry made i n connection with SalD!l appears that sai dbilander made a forced arrival at any pert during saidvoyage .

f h Court t hen ordered the witnesses who t e stifi ed i nt ha inquiry to appear i n Cour t to reDder their declara­tions regarding the ir knowledge of the happenings as takendown on the records of sai4 :ill.quir~ Tha witnesses ap ­peared and substantiated the sal records in their entire­ty , in view of which the Court rendered jUdgment declar­i ng as sufficient t he evideDCe presented by the peti ­tioner ; exonerated him of all responsi bill ty in the delaysuffered by t he \' essel under his comnand . and ordered theCour t Clerk to forward a c er t i f ie d copy of the Court ' sjudgment to the office of the Administration of Revenuesin order t kat it be r ecorded there and the bond posted bype t i tioner be c ancelled.

The Court Cle r k complied with t he Court or der and anit emiz ed s tatement or the c osts of these proceedings wasmade, amounting to the sum of 44 pesos and 3 r eal es , whichwas paid by petitioner by or der of t he Court.

122110

The plaint iff, a resi dent of thi s Cit, throughhis Att orne • tHioned the Cour t all~ine thatas evidenced by t he simple obl1ga tl on presentedthe defendant is indebted to petitioner in thepast due sum of 134 pesos , aDd that the defendanthes refUs d to IInk e payment on dan nd. Wherefore ,petitioner begs the Cour t to order the defendantt o declare under oath whether he owes the SUI:l clal:!'ad , and to acknOWledge his mark on said obligationpresented.

Fi le #108 . ItJa 14 , 1788. IJUdee: Don A. IAr~ote . ICC: R. Perdomo. IP. 1 to 5 . Ipam sh , )_____1

DCCU1:E NT 1;0. i vse ,OX 51 .

CASE OFFRI.E ,~G. 0 KAl £D COFI

V SJSPE;)RO BOSZO (ALIAS) PEDRO A;;CI­ATE.

The record shows that on May 14t h, 1788, theCourt granted the ple i ntiff 's pr~·er .

On May 16, 1788 , t he defendant , under oethdec lared , thet it is true that t he mark on sa idobligation presented by the pleintiff is his andt hat te eMes t he plaint iff t he sum of 1134 pesos ,but t ha t he has not been able to satitfy theSUlT. claimed by the lOla int i f f becaus e of hi sfinancia l c ondl t i ons ,

The r ec • d is incccple te e nd the out cere orthIs ca s e is not known , however , the lest Fage ofthe rec ord sh ows the cost of t hese proceedingsarounted t ~ 4 pe SC 5 and 4 r eal e s ,

,,'23

H10

File #2413. I!lay 15 , 1788 . I

• 1 t o 9 . )J udge : Don E. I

iro. ICO: P . Pedesclaux. ISpanish . I

)

IXl CUl.!ENT NO . 1797.BOX 51 .

CRlM rJ\AL PROCEEDlmS INSTITUTEDREGABD TO THE DEATH OF J OSEF

DE LA CRUZ.

The record shoas tt.at on l~ , 1788, GovernorEsteven ir o, was in!oxmed tbet on the night of.!ay1 th , one J os ef de la Cr z, was murdered on the l eveeof this Cit , and toot the Governor itmledie.tely gaveor ders to i nvestiga t e the crime and to qlestion a l lwitnesses the reof , and also ordered the Cour t Clerk togo t o t he Ro a l Hospi t al of this city , to examlne thebody of said vict im.

On the same day t he Court Cle ri<, in compliance . i t hthe Gover na' s orders "ent to the Roya l Hospita l oft hi s City , a nd t here f ound the body of sa id Cruz, whoapparently 9.lffered dea t h by a wound i nflic ted witha kni f e or dagger.

The r ec ord f urther shows tr.s t the Govel 'nor c H eda ll the witnes ses t o said crine and t h at t he f irs twitne ss exemi ned i n the preeence of tt.e Gover ncr an dt he Mi litary Counsellor, was J os e Luis Zofe, who de­c lared under oath t ha t the de ceesed end declar er wer ec o-o" ners of a certa i n pirogue , t hat t he deceased enddec larer , were prot ..c ti~ themselves !rOC, t he ra i nuDder the she lter of cert ai n shacks along t oo l eveelIhen they sa a man comine toward them carry i ng wit hhim a duck t hat be longed to them, whi ch t he y thougbtev i dent l y was stolen by saId party tro~ their pirogue ,

(cont 'd )

_-----.....--~---=oo- ~

Doc. #1797 .cont 'd.

that the declarer took the duck away t'r00l said partyand told him not to steal trom others , that then the de­cea se d struck said party on the back with a stick , thensaid party made a motion to drew an arm trom hi s chest,and the declarer went to look ter a stick or rock t o de ­t.~ himselt , when he heard said deceased cr out thathe was wounded. 'lhen tb e declaraer returned to thescene , he found the deceased m<rtally wounded , where­upon t he declarer notified the guards , that said guards,compos ed of a corporel and three soldiers returned withthe decla rer to the scane and took the deceased tothe Royal Hospital of tbis Ci t y , where he di ed fromsa i d wound received by the murder , who apparently was anegro , but t ha t the declarer was not ab le to give anaccurat e description because of the rain and da~Aness .

The r ecord further shows the declarat ion of t heCor poral and the soldiers , wherein t hey declared underoath that they were notitied by said J Osef Lui s Zofa ,t hat hi s compe ni on was stabbed by a negro , that they wentto t he scene end there found t he deceased .surfering frana wound inf lic ted by the murderer and t hat they carriedsai d decea sed t o the Roya l Hospit a l ot this City.

The recor d i s i nc anple t e and t ha outcome of this caseis not known.

#23#10

DOCu.IENl' NO; .17-98 .BOX 51.

Ftle !/26ro. 1May 19, 1788. I m OCEEDINGS INSTITUTED BY ESTEVANJudge: Antonl0 I DE VAUG INE JR., TO SEJtR E TITLES OFArgote. I Ovm;RSHIP 011 SEVEEAL NEGRO SLAVES HECourt Clerk: P. 1 P1RCHASlll AT TH E POST OF NA.TCHITOCHES.

Pedescleln. 1P. 1 t o 2. 1Span1sb. I______1

The reca-d shows that Esteven de Va~lne Jr., of NewOrleans, petitioned the Court to recelve Informtion fromthe wl tllllsses thet petit l ollllr nll pr esent In order toestabllsh petltl oner's l egltlmate tltle on fl ve negroslaves named Luls, ROUl, Mar!e.Illl, Prlnclpe and Faro, allof whom petl tioner purc~sed at the post or Natcblt oches,as f ollows: Lul s, Roza and Marlene , from Sant l ago Con­stant ;Prlnclpe, !r CJD Monsleur Ma-dent; and Faro tromMonsleur Rongot. Petitloner alleged toot at the t lr'..e otthe purcha se he forgot t o take out the pr oper doeurentst o prove bls ownershlp or sald negro slaves and that henow deslres to settle thIs efte.1r In order that he maYbe able to prove to the publ1c t~.at he 15 the rlghtfUlOIlner of sald slaves. Wherefa-e, petltioner begged theCourt to r ecelve In1'orlIBtlon rrom the wl messes that pe ­tl ti oner will present and mo will testltY as to pet l ­tioner's legltimate title on sald slaves, aoo once thishas been done, to deliver the .1 tnesses' orIg1naldeclarations to petitioner to use as pe t I ti oner deems

convenlent •

The record, however, 15 Incomplete aOO only sh owsthat the Court or der ed as peti tl oned by Estevan DeVauglne J r •• and that the Court Clark not Ifled hlm of

the Court order.

1/22110

iroCUMENT NO . 1799.

BQlC 51 .Fl le #54. )May 20 , 1788. ) ffiCCEEDINIJS rn'3TITUTKD BY FRAN CI 3::0J Udge: Estevan ) CARCASSES ID NULLIFY TH E mEEroM GR:.NT-IUro . ) ED 10 A CERTAIN NEJRO 3..AVE NAMED BAU-Court Cl er k: R. I TI STA , OF HIS OWNERSHIP.Perdomo. )P. l t07 . ISp8Ill sh , I_____1

The r ec ord shows t hat Franclsco Carcas s es , a r es i dentof New Or leans , petl tl oned the Cour t allegi ng the t he ob­t alned t he ownershlp of a certain negro sla ve naned Bau-;tlsta at the pub l t c auetlon of the pr opertle s of t he Ca ­puch Ln t s MIssion of the Provlnce of Loui slana , made byIntend8Ilt Don MartIn Navarro on Aug. 2, 1784; that aftertwo years of possesslog sald slave, , e t l t l oner exchangedsald slave f or a neeress slave of Madame Felipeaux withthe ccndl t Ion that the latter lkluld grant said slave hisf reedom ..hen said s lave would Pll,y fa- 1t ; that aft er oneyear of bel~ under the ownership of Madame Fel1peaux,sald slave ran away and malIcIously Infa-med petItIonerthat he had paid to said Madama Fel1peaux the price ofhls freedom, In v lew of wh l ch petl tloner, havIng at thetmoment for gotten t he sale he had made of sald slave ,gr8Ilted .111 m .Ills l et t e r of free dom under f a lse i nformatl on;that sa i d l etter of freedom Is therefor e null and void a ssa i d slave dId not pay for .Il l s freedom, as orginally a­greed, am petitIoner Is not the lawful party to grantsaId slave .Ills freedom. Wher ef ore , petItIoner begs theCourt to order the Court Clerk to write the properannotation at the margIn of the deed by whIch petItioneracqulred the ownership of saId slave , SO that at a lltimes the nullIty of s a i d slave's l etter of freedom may beof evIdence.

The record shows that In compl Ianc e wIth a Court order,~""ilrJ certIfied copIes of the deed and letter of freedom afare-i ment Lonad were added to the records of these proceedlngs

and that the Court Clerkll'Ot e t he annotatIon as petl ­tioned by Franclsco Carcasses .

#22/110

File 12600.May 20, 1788 .JUdge: Argot e •CC: Pedesc la ux ,P. 1 to 6.Spanish a ndFrenc h.

"DOCUMENT NO . 1800.

OO X 61.)) PROCEELIIDS INSTITUrED BY DON) FRA..'{C I sec SABIN, F(R THE PURPOSEI OF OgrAINlffi A PERM IT TO SEIL AI C:ERTAIN NmRO SU VE OF HIS OWN:ER­I SHIP.)

-----)

The record shows a sale under pr i va t e s~ture

dated in French Cape , J anuary 22, 1788. Wherein oneMartin s old to Don Francisco Sabi n a certain negroslave tor the sum or 1600 11vres cash. This instrumentwas presented as evidence by sab i n .

Don Franci sco Sabin, a resident or tbis City. peti­ti oned the Court that as evid ellCed by the p r i va t e salepresented petit ioner is the OWIlflr or e certain negroslave; that petitioner desires to s el l said slave andin order to prove his title . 'Ihoretore, pet i t i one r begthe Court to admit the wit ne sse s to prove the all ega­ti ODS et 91IZ" a .

On May 20 , 1788, the Court granted Sab i n ' s petition.

The Ilecord shows that in compl1ame with the Courtdecree Sabin present ed as his wl. tne sses Don PlacidoLarrieux end Don Pedro Lavegne j that said witnesses de­cl ared under oath that Sabi n, did purchase in a privatesale tbe negro sleve he intends to sell.

On May 20 , 1788, the Court in view or the evidencepresented granted to Sabi n the permit petitioned, andordered said Sabin, t o ray tor the cost s or these proc­eedings wbich amounted t o 4 pe sos and 1 real.

#25(A)110

DOCUMENT #1801­BOX 51.

FHe #73..! 27, 1788.P. 1 to 25.Judge : Don

ot e ,CC : R. Perdomo .

nl h .

I

1I mOCEEDmGS mSTIIUTZIl BY PEDROI !NC T TE, Fat TIlE PURPO SF: OF litV­I lID ALL HI ffi ormTIES S D ATI PUBLIC AUCTIOll.1I_____l

Don edro clet~, a resldent of thls Cit ,petitloned too Court elleel~ that as evlden:edb the ste.tement of debt pre ent ed , petltionero es to hls creditors the sum of 1,006 pe so s ,and that petltloner ls lnsolYent and unable toP' hls credltars , a petl tlon owns onl a house .Wherefor~ , petltloner begs the Court to orderthe appralsal of sald house , ln order to sell itat pUblic auctlon to the h~hest blddar and fromthe proceeds thereof to pay his creal tors .

On May 27 , 1788 , the Court ordered Don PedroAncle.h , to present the statem(flt of debts tothe Court, and also ordared the Court Clerk, toforward a copy of said AnclatdJpatl tt on to hiscreidtors .

The record shows that one Don Antonio Mendez ,on behalf of the credltors of Pedro Anoiate,en, ered the petl tion allegi~ that said credit­ors ba ve agreed .to the pub Ltc sale of the house ofsald Anciete , and that said hou e be sold t o thehlghe st bi dder ,,1th the terms to pe for saldhouse wlthin one year, also givi~ bond for thesecurity of said payment .

On July 2, 1788 , the Court crdered the CourtClerl< to bri~ the record ln order to be examined ,end after said records were exemined the Courtgranted Don Pedro Ancle.te's pr a er .

The record shows that on Jul 16, 1788 Don

(cont'd l

(Doc . #18011cont 'd .

Antcnio Argote , Jr. , JUdg I accom anied b the CourtCl eIi< , incompl1ance with the preceding decree , announcedat ub l1c sale the house of said Pedro Anciate. andafter several cffers were made, it was sold to one PedroBacadar, for the sum of 800 pesos with the c ondi t i on st ha t he should pa 436 pesos ca sh , and t he balance wUhin

the tertl of one year.

On J uly 21 , 1788 , the Court ordered the Court Cl er k.to e timate the costs or these proceedings which amountedto 48 pesos I and to a said cost fran the proceeds otthe sale of said house .

#23#10

File #2610 .May 27. 1788 .Judge: E. Mira .CC: P. Pedesclaux.P. 1 to 4.Spanish .

DOO WCNr NO. 1802.OOX si ,

I CASE OF) OON mRI\A.ROO mntOULETI VERSUSI JUAN J OS:EP H !.:ART INEW AND FRA,K­I CISCO ClIlABUSo.II

/

The pla intitt , a resident of thi s City, throughhis Attorney, petitioned the Court aU~ing tb!t thedefendants , residents of the post or Natchitoches ,are indebted t o petitioner in the past due sum of 1004pesos and 4 reales , and that the defendant s have faU-

1ed to make payment on demand. Wherefore, pe t i tionerbegs the Court t o fa-ward a warrant t o the Commandantof said post , instructing said COlIlIIlandent t o demandthe defendan ts to ply the Slm claimed, and in defaultthereof to seize their pr opery in order t o satis1'y thesum cleimed plus the cost of the proceedings.

On May 27, 1788, the Court granted the plaintiff's

prayer.

The record is incomplete and th e outcane of thecase is not knCJrln.

#2:i(A)#10

-

9 .

Fi le 12621 IMay 27 , 1788 . 1Judge : Estevan IMiro. ICC: P. Pedesclaux. IP. 1 to 5 . ISpanish . I

I

DOctTh:ENr NO . 1803.BOX 51. .

CASE OFSAN'TIAGO VIl'CUlT

VERSUSJAClliTO BERrARD.

\

The record shars tlat the plaintiff broughtaction against the defendant to recover the SlIIl ofone thousand pesos in new Mexican silver currency, asthe balance due on three negro slaves and one bushnegr ss sold by plaintiff to defendant who promisedto pay said balance in the month of March of 1788, asevidenced by the certified copy of a deed of sale andobligation dul presented . The plaintiff begged theCourt to issue a writ of execution aga~nst the personand properties of the defendant in order to satisfyt he sum claimed, plus i nt er est and the costs of t he seproceedings .

The r ecord , however , is incomple te and only showst hat t he Court i ssued the writ of execution againstthe person and properties of t he defendant as pe t 1­t1 oned by t he plaint 11'1' .

1122fil O

#25# 0

The record is incomplete and the ou tcome of the cesei not known.

The r cord further sho.e that on Feb . 11 , 17g1 , theCourt r en t ed the l e,intiff's pr aye r .

DOCUMENT NO. 1804.BOX 51 .

CASE OFDOl' C .u1JI ON TREME

VER::uSEST EBAN LA.L iE.

The rec ord shows tha t on May 28 , 1788 , t he Ccurt gr aned ple lnt iff 's prayer .

The record shows that the plai ntiff l ater pet i t ionedthe Court allegi ng that he had compromised wi t h tim de­fendant and therefore he begs the Court t o dismiss thecase end to order the defendant to pa y the costs of thes.proceedi ngs .

1a~r.t1ff, a res~d ent or thls ctty , pe t l t ione d timCourt a11eg.ng that as evlde ed b t he prCl1li s sory notepresented, the de~endent 15 indebted t o ettti oIllr in .the sum of 2E2 pe cs and als o an unpaid account of 188

es os , and the.t the defendant has refWled t o make pay­ment on demnd . Wb. efcre, pe tit10ner begs the Courtto order the defendant t o ac knowledge his slgnatlXe af­fixing on s aid note resented fIld t o declare wheU,erhe owes to peti t1 oner the su ms clai med .

File #107I 26 , 1788 .Judge : steban Miro .CC : R. Perdomo.

• 1 t o 6.nlsh .

1)III11

______----'1

-File #2604 .May 27 , 1788.J udge : AntonioArgote .CC: Pedro Pedesclau1P. 2 t o 3 .

nish .

The record shOllS that Francl sec Tournle , ar e sident of New Orleans , petitioned the Cour t al l eg­i ng t hat it Is conven i ent to petitioner ' s Interestt hat the promissory note which he nOlf presents ber egister ed i n the of f ice of the Court Ch r k , i n t hebook used f or that purpose . 'liberefore , pe t i U onerbegged the Cour t to order the Cour t Cle r k to r eg i s t ersaid pranlsSOry note as pe titi oned and then t o returnit to petitioner, for which he is ready t o pay t he re­quired l egal fees .

The r ec or d f urther shows that t he Cour t grantedFranci sco Tournie 's pe t ition and that the Court Cle r kregistered t he promissory note presented , whi ch het hen r e t ur ned to pet I t i oner -

#22110

File #110 . IMay 28 . 1788. IJudee: Estevan I

i r o. ICourt Clerk: R. IPer domo. )P. 1 to 10. )Spanish and )Frenoh. I

IXlaJMENr NO . 1805 .BOX 51.

CA.SE OFCARLOS BUCIlEN

VERSUS! RCm DE .IJlAI} ON.

,

The recor d shows that the plaintiff , a r esidentand merchant of New Orleans. instituted action forthe purpose of r et ur niq: to the defendant. a piloti n the pecket -boat named "San Francisco de Paula" .b elo~ing to the King , a certain negress slave namedMaria de l Rosario . Plaintiff alleges that the defen­dant sold him said slave misrepresenting her as beingi n good health "hen as a matter or truth and factsaid slave was sick , afn cted by a hernia and byreb~lar expector at ion or t tDg of blood, whichi njur i es. said slave intormed petitioner . she suffer­ed as t he r esult of several blows dea lt her by herf or me r mistress in the Ci t y of Havena, Cuba. Plain­t iff in or der to SUbstantiate his a l l egat ions pre­sented t o the Cour t a cer t ifi e d copy of the deed bywhich he ac qui r ed the slave i n ques t ion and a medi ca lcert i ficate from physician J osef Senac . who examine dher . Pla inti f f the refore begged t he Court t o ordert he def endant t o take back sa id slave and t o refundhim t he 300 pesos he paid fOr her .

The record further shows t ha t after t he defendantwas notified of the plaintif f 's suit and a transla­tion was made of t he medical c ert if icate pr esant ed,which was writ ten i n French , the li tigant s ceme t o af r i endly agreement by which the defendant agr eed t otake back the slave in question and t o return t o theplaintiff the sum of 200 pesos in new Mexi can silvercur r ency, as the val ue of said slave , and the costs ofthese proceedings t o be paid by the pla intiff . Thedefendant then petitioned the Cour t for a cer t i f i edcopy of the records of these ~roceedings to use at

(cont'd)

(Doc. #1805 )cont ' d.

his conven~ence.

The Court then declared the case closed and orderedthat an itemized statement of the costs or these proceed­ings be made , which amounted to 5 pesos. The Court alsoorder ed the Cour t Cl erk to issue the cert1f1ed copy peti ­t i oned b t~ defendant .

#22#10

Docm~NT NO . 1806 .BOX 51 .

)11l CERTI F rED corr OF TR:: RECORDS OFJTR~ PROCrrr:rN:>" INSIITU T:.D BY ED-JRO or Y vrULC S TO PREV.w.:T1C .~ cr.: BK PUlRO FlliEXL .ux FEW)Aill EOFIZ INi 'Y IF. ;SFIR OF F..:J ')F:RDC_0' 3 l;OTART' L CO_1HSS:Ol' 0.:

----------' ~'Y PER3O: C~B -, IF.Al'VILL::G S.

File ;;2379 .If.a 28 , 1788 •Judee : Es~evall

~1ro .

CC : Pedesc leux .P . 1 t o 61 .

pant sh ,

The rec d sho • tha t Pedro agcn Vl 11e es , a res l -dent and merchant of 'e Orl ean s , ught acUon agalns t

fael Perdol 0 , e. • oter Public of New Or leans , to c o a lhlm t o c III 1 wHh t he t erms of a c ontrect '0 wh lch . ­f eel er-dcmo a"r ed to r enounc e hls not"rlel cOl!nllss lonIn hls f avor . afael Perdomo an er d the plalntiff 'ssu it chare;lng null l t of the con t r ac t on the ground tliltI ts terms are us Lous , Howeve, the record does notsh Clir t he c ontrect nor what sort of a j udgwcnt as render ­ed In the c e se '0 the Co rt of .lew Orleans , but 1t doesshew t ha t th e c se was t aken t o the 1"'r1 r Court ofpreels a t t h e C1ty of Ravana , CUba, on aprea l '0 one of

the li t Igant, s.

At th1s s tage of t he jOroceed1ngs Pedre edesclaux tookcharge of th e Cle r kshl p of the Hew Orl ean s Court III placeof Fernendo Rodriguez . Thl s fac t promr t ed plalntl f f ed­ro r eg on y Vl11ega s t o f l1e e. pet t on t o prevent thenell Court ClErk from au thor lzl an proceedl ngs t endIngto the t ransfe r o f Rafab l Per doJllo 's not arLal, c cemt s s lOllon eny j.erson unt 11 the perl or Court of ppeals r endersa dec ls lon cn the ap ee l of t h e jOr lnc l pal Sl l t pend l ngbefor e s ald Cour t . l eln t I f f V111e ces al leged tha t thene Court Clbrk 's leek of knowledge Oil t h e nature a:the ca s e mlght caus e hIm to au t hor l ze sald proceedinBsas efemant .afe 1 Per domo ha d peti tion ed.

The r ecor d furthe r shows that the Co" rt dlslUls sedV111e(;a5' e t i t1 on on th ground t hat t h e Co",r t had Il O

j ur i sdictl on on t he mat ter ImSIDuch 83 t he c a se wes nowunder t he j ur I sd: ctl on of the ~U erier C t of ppeLls .

c~nt ' d

- c,

cc , #1806 )cont t d ,

The p1eint iff e1; 0 eppee d thl decisi on ent the CBs e ~& s

sent t o t he s sme u erior Court . On this c a se t he per­ior Cour t dec ided the. t Rafef; l Perdomo's notarial CClIliI:lis­s i on be depos1t6d ith otan' ':lic Ce.r1o s XilOOnez unt ilthe d ec i si on of t he main suit .

#22#10

DOCUMENr NO. 180 7.sox 51 .

The record 15 inc om lete and the out come of this caseis not known.

#25(A)

1/10

The plainti ff brought acti on against the defendant s torecover the value of two casks of liquor sold to the de­ceased g~el Lopez.

C SE OFPEDRO BU lGAS

VERSUSTHE ESTATE OFUIGun. LOPEZ.

The record shows that on J une 17 , 1788, GovernorEstevan Mi r o, grant ed t he plaint i f f 's prayer , and order ­ed that a warr an t be issued t o the COOIllBndant of thePost of Natchez, so that from the f unds of the SUcoessionof igual Lopez the plsi nt 1f f be pa id the sum claimed.

On June 16 , 1788 , the pla int i f f alleging that a s evi ­dence by the wi t nesses testl monies, the deceased diedi ndebt ed to him in the sum of 66 pesos, wherefore, hebegs the Cour t t o issue a warrant to the comma nder ofthe Post of Natchez , where the pr oper t i e s of ~e deceasedare located, in order that from the succession of saiddeceased he be pa i d the sum claimed, plus interest andthe c osts or these proceedi ngs .

The record shows that the plaint i f f i ntroduced asev tdence a pr omi ss ory not e, wherei n the decease d promi s ­ed to pey 66 pe so s fer the two casks of liquor; saidnote was signed by t wo wi t nes ses , J oseph Hernandez andAntonio Re.mis; a nd that on ple.tntlff·s pe t i t i on said wi t ­ness testified to the effect th at said dece ased died ow­ing to plaintiff the sum claimed .

Fi le #2405 . 1May 31, 1788. 1Judge : Gov. Ki r o. 1CC : P. Pede scLeux - 1P. 1 to 6. ISpanish . I______,1

hi fA 1808

File #259 1 . 1"1; IMe 31 , i998. IJ udge: n E. Iiro. I

Court Clerk : • Iedesc Laux, I

P. 1 t o 9. ISpan1sh . )___ _ _ l

DOCUMLlti NO . 1808 .BOX :51.

C :E OFN ARTURO ESTROTRlR

VZR5J31'!ll. SJCCESSrQ;1 OF IX)

DAVID HO •

The plaintH'f , a lll6 rChllnt of t h s Cit y , t h r ougb bi sAttorne , pet t! on ed tb e court 9.11e~iDt; thet Dav1d nO sa f ormer resident of Pens ac ola, died Indebted t o pe t L'­tlone r i n tbe past due sum of 393 pesos for tbe value ofa cert ai n quan t ty of gun- powder , as ev::1enced '0 tb~sim l e 0'01 gat ion pr e sented ; that saId deb t has not beenpa i d by tbe te staoentar y execut or 01' the su ccess ion ofsaid deceased ; and t ha t peti t t oner has been in1':>r~d thatone on Benjll1llin Farar , a r e s i dent of New Orleans Is hold­i ng some f~nds be longing t o t he su ccession of said decea s·ed t Wheref or e , petI tioner begs t he COeJrt to or der saidDon Benja.lin Farar , t o pay t he sum ela Irred 1I" 0m t he fundshe is hold i ng "'0 e10ng i Il;; t o the su ccession of sa d dec ea sed.

The record s how s t ha t on J une 5th , 1788 , t he Cour tor der ed the plaint iff t o pr esent t o t he Cour t hl s evi ­dence i n or der t o j usti fy his cla im.

Then t he plaint i f f again pe t ltior.ed t he Cour t al legingt hat said Farae, has g i ven t he funds he was bold i ng be l ongi og t o tbe su cc e ss ion of DavId Holms to or~ Don Davi dHoche, a resident of tbis cit y , end at torney for DonJo sef Barres , te st~entary e xec utor of said deceased , andtha t sa d Hoche, p romis ed eti t ioner to satisfy the SUI:!

cla imed, but has fel le d t o do so ; and t hat sai d Rocha , i n­t ends to rem t seid f~nd s back to Bar res , in wb i c h Ca seit . i ll be d1f 1'1 cult for pe tt t i ona r t o c ollec t the su mc la i med. erefor e , petit t cne r begs t he Cour t t o ordersal Don David Hoebe , t o withold said ~unds i n his pos-e s s i cn for t he t er m of six months , in order t o give t i 'OO

(cent 'd l

(Doc . #1808)cont 'd .

On Oct. 3, 1788 , the court after havi~ examtned t redo um.;nt presented b the pla~nt1ff grant ed the p tntlffspreyer .

...... "or pe t Lt oner- to justtf his c him._~Ji

Then on t onio Mendez , att orney f r t he lalnt.ff,pe tlttoned t be court alle:;i~ t hat having c onc luded thisproceeding t o order th e COISt of these proceedings to beest :!le. ted.

Then Don Luis Ll ot au, J Udi ci al APpre1 er , presented anit em i zed statemnt of the cost of these pr-cc eed mg s , whichsnounted to 8 pesos and 3 r eale s .

#23#10

DOCUMENT NO. l80llBOX 51

)

The recard shors that Francisco Tournier, a residentof New Orleans, petitioned the Court far a certified copyof the deed of sala by which his brother Santiago acquir­ed the ownership of certain land from Francisco Devillier,in order that petitioner OIly fix the boundary Hnes ofsaid land and fence it. Petitioner to prove his rightto pet! tion fer said permit, presented to the Court astatement signed by his said brother authorizing petiti­oner to collect various sums due him.

The Court denied t be above plti tion on the groundsthat the statement presented did not eMpower petitionerto obtain a certlfi ed copy of the ti tle to his brother'sland.

The record further sh oes that Tournier petitionedagain far the aforementioned certified copy, presentinga private power of ettorney issued in his favor by hi.brother, and alleging that he needed said certified copyin order to prove his right to have the official surveyormeasure the said land, to fix its boundary Hnes andfence it, SO as not to cause allY d ifflcultie s to theowners of the adjoining lands. Petitioner al.o asked toba returned the power of attorney presented.

The Court granted Francisco Tournier's petition intull.

#22#10

Fil e # lg6 . JJ une g , 1788 . JJ Udge: J ua n Ide l Postigo Iy Belderrama . ICC: R. Perdomo . I.1 to 22. Ipanish. I_____1

DCC UME NT NO . 1810.!OX 51 .

PROCEEDINGS n'STI1UTED BY , GDJ.LDJ\BR! CIL IER FOR THE PURP E OF AN il,JLLOOCLAVS:S SEVIN , EIGm NINE A.!D ELEV:ENOF THE l ST I LL Al\IJ TEST THER DEC SID HU • HE. I~ DEPRES.

The record shars that ~dalena Eraciller , petitionedt he Cour t t o annu), clauses seven , eight , nine and e levenof the last . i ll and t estemen t of her deceased husbardHenr i que Depres , a lleging, that her separate am para­phernal fllnds c onsi s t i ng of inheritances , donations andpay:nents that she has received , as evidenced by c r edita­ble dccune n ts !mounted to thirty-n ne t housard six hund­r ed fif ty t wo pesos and one real ; end that et the presentt 1me her sepe.rate and pa raphernal runes , plus th a profi t sshe made with the aid of her said deceased husband amount st o for ty f our t housard e 19ht hundred ten pe sos and f1 ver eale s , said funds i ncl uded the proftt of five thousandone hundred eight pesos and am f our rea les, that sa i dprofits with the sum of one thousand one hundred pesoswhic h i s the value of a certai n house t ha t was not i nclud­ed i n t he i nvent ory ; c onst itute the conmunity property;tha t the dec eased in sai d clauses of hls will bequeatlEdt o certain heirs the sum of 22 t housand two hundr ed pesos ,wi t hout her cons ent; th e de ceased st ipulated i n said c lauses as his ,prope r ties tha t he pur chased with her separateand paraphernal funds . r ef or e , she begs t h e Court t ocons i der t he above facts and to order said clauses of said• 11 to be enn l le d.

!he record shows t ha t the Cour t, after clos ely examlniDLthe records of these r-oce dings , wlth the pproval of tbltest!Jllentary executor and of the attorney fer the absentheirs of said de ceased , declared as n~ll and void the=t...,.. clauses seven eight nine and eleven of said l as t will and

~ te t tint a d ordered the w dar to d os t t half of t IEc unit prQ:,erty in tha hands of the general rece tverwhich is the share corresponding to the h&irs of said de-

c on t ' d

___ _ --==~==_=:.=.:==:=--.........d

(Doc . #1810Ie ont t d ,

cee s d . The r ec or d shows t he. t t he IIi dow t ailed todepos l t. said half of t he COOl=unit pro ertJ as shecont e st ed the d cis on of the Cour t, al leging thatthe he irs of seid deceased ere not entitled t o thei rsha re of sal d cOIlI'h.Ul i y prorert until after her deeth;t he cour t uphe ld her cont ent~ on .

The cos t s 0f t he se p roeaedings amounted t o 33 pesos

end 4 r eale s.

,' 24#10

Flle #2388. )June Q, 1788. )Judge: Don E. )~lro. )Court Clerk: )P. Pedescleux. ISpan l sh. )P. i to 5 . )

-----)

DCCUMENr #18U.BOX 61.

CASE OFDON PEDRO ARAG ON Y VILLEGAS

VERSJSDON F. RODRIGUEZ.

\

The pleintiff, petitioned the Court ell~lng,that the defendant is indebted to petltloner Intm past due sum of 1546 pesos, as evldenced by thepromissory net. e presented , and that the defendanthas fala d to lIl9ke peyment on demand. Wherefore,petit ioner begs the Court to order the defendlSl tto acknowledge hls slgnature aftlxed on sald notepresented ani to declare 'llbether he owes the sumclai med.

On June Q, 1788, the Court grallted the plelntifttpetltion.

The record shows that the defendant under oathadmit ted the plal ntltt' s a llesati on.

Then the plalntlff petitioned the Court to lssue• writ et e xecution agalnst the properties of thedefendant in order to sati sty the sum clalmed plusinterest and the cost of these proceedings.

On June 20, 1788, the Court after having examlnedthe docunents presented by the plaintiff grantedthe plainti tt' sprayer.

The record is lncomplete and the outccme ofthl sease is not known.

#23110

DOCUMINl' NO. 1812 .BOX 51.

File 11136.June 14, 1788.Judge: EstevanMire .

:-~IIj'JI CC: R. Perdano.P . 1 to 36 .~nish .

III SUCCESSION ~ roN PEDRO CRABER! ANDI INVrnNRY OF HIS PROPERTIES.III_____1

The reccrd ahcws that on June 1.3, 1788, the HonoraryJUdge at the Supericr Court declared that he had been in­forlOOd that Don Pedro Chabert, Captain of the &Ulit1a atthe RoYal Army has dIed, and after havIng consulted withthe Governor of this Prcvt nc e he crdered the Court Clerkto go to the house at the deceased in crder t o Jroceed .Itthe inventory of Jr opertiea left by the deceased aDd toperf~ the necessary prooeedlngs in accordance with thelaw fcr whIch task the Governor eppolnted said Honorar,rJudge .

The Court Clerk in compliance w!th the II" ecedlng decreewent to the house of the wI dow at said deceased to solicItthe k eye of the safe of the deceased the t said wIdow answ ­ered thet she did not have any keys in the CIty as theywere In the plantatIon.

The record :l\Irthe r shews that Dona Car l ot e LalandeDapremont , wIdow of said deceased , petItIoned the Courtal legI ng that as evlderced by the test !mony presented be­f or e Don Rafael Pe rdomo, dated Apr. 16, 1 78 6 , whereIn Itshows that she is the sole he lr of her said deceased husb­aDd and that there are severel unpaid debts whIch t ile de­ceased neglected to lIst in hIs will, for which r ea son pe­t! tl oner begs the Court to order an invent cry and sale ofthe propertIes left by the deceased so that fran tile pro­ceeds of saId sale said debts be paid .

On June 7 , the Cour t granted Dona Carlota Lalande Da­(cont 'dl

(DOC. #18121cont'd.

premont's petition.

The record shows that the inventory was made andthe t the wide. was placed in possession of the proper­ties end tbet she bound herself to kepp said Jl"opertiesat the lisposition of the Court.

The record is incomplete and the outcane of thiscase is not kne.n .

#26(AI#10

File #2404.June lB , 1788.J Udges: JosefFouche r andRodulfo J osef

er-o s ,CC: P . Pedesc laux.P. 1 to 73 .Spanish .

OOCUMENr NO. lB13.BOX sr.

1 PROCEEDIID S INST I roT ED BY JUAl) aAUTISTA alCA, TF.STAMEN~ EX­I ECUTCil AND TRUSTEE APPOINTED BYI TIE DECF.A.SED BARTHOLO MAGNON ,I ANNUL ALL THE PROCEED 00 S pm­I FORMED IN THE SUCCESSIO I OF SAIDI DECEASED.I)

_______,1

The record shows that Juan Bautista Baca, a residentOf New Orleans , i ns t i t ut ed this action to annul all theproceedings performed in the succession of the deceasedBartholane I.!agnon, allegi ng that although peti tionerwas appoint ed by sal d deceased as the testamentary execu­t or and trustee or his estate, Rafael Perdomo , formerCour t Clerk , 1llagally retlsed to give pet! tioner any in­f ormation of the proceedins which were being performed inthe suc cess ion of said deceased , disregarding petit1olM" s

jllilj~ verbal requests t o that effect. Petit10ner further cha r gedt hat several decrees appearing i n those proceedings andwhich seem to hav e be en issued with the advice of theCounsellor of War, are not authentic, and that from th1si rregu lar ity i t 118y be rightfully assumed that the pro­ceedi ng s i n said success ion were 1181 1ciously c onduc t ed byCour t Cler k Rafael Perdomo . The record shows that thef or mer charge was proved by a personal declaration of theCounsellor of ar .

The r ecord further shews that former Court Cler k RafaelPerdomo was made a partJin these proceedings, and that be ­f ore he answered Juan Bautista Baca 's charges, he challeng­ed one of the J udges, Anton10 Argote, who was to hear thises se with JUdge J osef Foucher , at the r eques t of Baca ,on the grounds of no jurisdiction; this challenge was up­held and JUdge Josef Foucher and J Udge Rodulfo J osefDucro j oi nt l y took j ur i sd ic t i on on this c a se. However,f or Jll8 r Cour t Cle rk Rafael Perdcmo, als 0 challenged JUdgeRodulto Josef Eucros and Court Clerk Pedro Pel!esclaux ,

(cont 'dl

...

Doc. #1813 .cont' d.

t he Cour t di smi s s ing t hi s challenge. Said Perdomot hen f lled an appeal to the Supedor Coor t of the Ci t yof Havana , CUba, but before the case was taken to sai dSuperior Cour t, peti tioner J uan Bautista Baca wi thdrewhis charges alle ging tl8t the case was taking too l ong ec oor se to the detr1ment of the he irs of the deceasedBartholome Meenon , and that his intention In fi ling saidch arge s was not t o cause any detr1ment to Perdomo 'sgood reputation but only to exact fran him the propertiesor sa id dece sed in or der to c ompl y with his last w11laDd t estement .

The record shan t 18t Rafael Perdomo accepted JuanBaut i s t a Baca 's wi thdrawal or his charges wi thout makingt he cou ntercharge s .n i ch he had t he right to f11e , stating ·t l8 t all he 111 shed was t o vindicate his honer and goodreputati on, and explai ning that he witheB the funds

•• • ~1or t he Successi on from J UflIl Bautista Baca i n cOlllpliance

wit h orders issued by J Udge Pedro Chaber t , dec ea sed, be­f or e whom Bartholome lagnon ' s last wi ll end ~e stame ntWaS f i l ed f or probat ion and who dec lar ed tha t there wer eJust r eas ons t o prevent Baca from handling sai d funds.

The Court then , i n c onsi deration of t he litigant s'agr eement , dism i ssed the ca se a nd ordered t hat t he recordst her eof be kept i n t he s ecret ti le s of t he Coort, not tobe r elea sed without t he pr oparj and l egal f ormall ties .t h i s measu r e being taken i n or der t o avoi d any misinter­pre tatl on of t he case whic h may e ause detriment t o Ra fa ­el Perdomo 's honor and good r eput ati on.

The cos ts or the se proceedings were paid by bot hl i t igant s, each paying f or the costs they had indiv idual lycau sed; the ganeral cos t s being paid by both litigants

...,~n aqua L parts .

(/22(/'JJJ

lXlaJMENT #1814.BOX :>1.

Flle t/8O .June 26, 1788 .

dge: Estevanroo

CC : R. Perdomo .P. 1 to 7 ,Spanlsh.

II CASE OFI MANUEL DE LANZOSI V:ERSUSI PEDro GONZALES DE LA GALEA Y VILLAMIL.II______1

The plalnt1tf petltioned the Court allegl~ that asevldenced by the obl1gatlon duly preseI:ed, the defendantls lndebted to petlt lOllllr ln the sum of 11ve hundred t ivepesos tor a negro slave that petit loner sold to the defe.n­deI: on Nov. 14, of the last year; that the defendant promis'ed to pay seld sum on the mont h or Apr. or the current year,and t l:e t the defendan t has te.lled to make payment on deme.nd.Wheretore, petltloner begs tile Court to lssue a wrlt of ex­ecut lon egal nst the propert 1e s ot the defendant ln orderto satlsfy the sum claimed, plus lnterest and cost of these

roceedlngs.

The record s hoaa that the Court crdered as petitlonedby the plalntlft and that sald wrlt of executlon was notenforced as the defendant pald the plalntlff hls clalm.

The cost of tlese proceedl~s amounted to 7 pesos and3 reales, sald costs were pald by the defendant.

U . "· !l241110

Flle #88. IJune 28, 1788. IJudge: Estevan IMlro. ICourt Clerk: R. IPerdomo. IP. 1 to 8. ISpenlsh. I_____1,

OOCUMENT NO. isie ,BOX :;1.

CASE OFSANTIAGO M TIlERAND ARTURO STROTHE:z>. CO­PARTNERS,

VERSUSMONSIEUR FILHIOL.

The record shc.s that the plal ntiffs, co-part­ners with resldence ln New Orleans, brought actl onage1nst the defend~ Captaln of 1.1111tia amCommander of the Dlstrict of Avoyelle s, to recoverthe sum of lfi44 pesos, balance due on a promlssorynote executed ln petitioners' faver for the sum of2545 pesce and flve reales, which n ot e petltionerspresented as evidem e of their clal m.

The rec ord further shows that ln compl1ame witha Court order the defenient acknowledged the debtclalmed by petltloners, end that the case was thensettled out of Court, plai nUff Arturo Strother a­greell~ to pay fer the cos ts of the proceedi ng s , theamount of whlch the r ecord fells to show.

#22

110

_ ____ooiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii= = :.:._s'II

~~ Flle #41 ..July 8 , 1788..Judge : A. Argote .Cour t Clerk : R.Perdomo.P. 1 to 6.Spanish.

DOarMENr NO . isis .BOX 51 .

II CASE orI ANrONIO IlCEALES , AS AGm TI OF HIS BRarHER, JUAN,I VE'l aJSI LUIS ANTONIO BLANC AND HISI WIFE , LUISA GAUVAIN BIANC.______1

The plaintl 1'1', a resident at New Orleans . as Igent ofhis abs ent brother , Juan Bentara Morales, brought actlonagainst the defendants, a lso residents of New Orleans ,to rec over the su m of 2,200 pesos due on a mortgage or acert ai n parcel of land . Petitioner alleges that the de­f endan ts are not included among thOll e exemp t ed from beingsus because of damages suffered in the fire which occurredi n the Ci t y on March 21, 1788 , and presents t o the Courta certified copy of the deed of mo rtgage, as evidence ofhi s c laim. Petitioner then begs the Cour t t o take c ogni­zence of t he cer tifi e d copy present ed and issue a writ ofexecuti on against the p er sons and propertles or t he de­f endant s to satisfy the sum c IaIne d , plus i nt er e st and thec os t s of these proc:eediq:s until the final payment ofsald sum.

The r ecor d, however , is incomplete and only s hows thatt he Court took cognizance of the cer ti f ied copy of themortgage presented by the plaintiff and ra 'l-le sted the re­c ords or the case in order t o study them, and t ha t theCourt Clerk notified the pla i nt iff of the Cour t decree .

2210

•

FUe #18.July 8, 1788.JUdge: A. Argote.Court Clerlt: R.Perdomo .P. 1 to 14.Splnlsh.

DOCUMENr NO . 1817.BOX 51.

)IIJ CASE OFI BENITO ALONZO) VERfDSI PEDRO GONZALES DE LA GALEA Y

_______1 VILLAllIL.

fhe r ecor d shows that the plaintiff , a resldentof New Orleans , brought acUon against the defendant,also a resldent of New Orleans, to recover the sumof sevanty-flve pesos and four reeles on three prom­1ssa-y notes, which petlt10Der presented as evidenceof his clalm. The defendant, ln compliance wlth acourt order, appeared befcre the Court Clerk andunder oath acknowledged the debt a s claimed by theplaintiff.

The Court then , ln view or the defendant' s acknow­ledgement of the aforese1d debt end upon plaintiff 'spetition , lssued a writ of execution against the pro­perties of t he defendant ln crder to sati sty the sumcla1me d , plus lnterest and the c C6 ts or these pr ooeed1lugs , sald writ of executlon having been levi ed on ahouse of the defendant .

The r ecord further shows tha t sai d writ of exeeu­tlon was 11fted on plaintlff's petition, because theattached house, the plalntlff a lleged, was already un~

er attachment in another suit filed against t he defen­dant by Antonl0 Moreles, and that it would c a use thedefendant undue expense s to add enother a ttachment onsaid house for such a small clalm as petitioner's ;wherefore, peti tioner asked the Court t o place 8aidattachment on a negro slave of the defenden t .

fhe Cour t gr8lIted the &bon petl tl on, but , beforean attachment was o:ede, the reca-d shol"ls the t the de­fendant pald to the plaintiff fifty pes os on a ccount,and thet the Court denied a petition or the plal nti ffto pay hlm the remalnder of his claim, whlch amount -

(cont · dl

(DOC. 1118171cont' d.

ed to twenty five pe s os 8Ild four realest trom the pro­ceeds left from the sale or a 118gress or the defend8Iltperformed to satisfy the claim or Santiago Mas, anot.hllrcredi tCll" or the defeIJiant .

/122#10

File #78 .July 8 , 1788 .Judge : JuanArgote .CC : R. Perdeco.P. 1 t o 15.Spanish .

OOCUMENT NO . 1818 .rox 51 .

II CASE OFI DON A 'TO NIO MCRALES1 vrssisI DON PEDRO GONZAUS DE 1A Y VILLAl!ILI1_____1

fhe pla i nti ft, a resident or this City , petitionedthe Court alleging that as evidenc d by the promi ss or ynote presented , the de!endent i . indebted to the peti ­tioner in the IBst due sum o! 100 pe s ce , and t ha t thedefendant ha s railed to IIlBk e pay lie nt on dellJ!l Dd . Where­!ere , peti tioner begs the Court to order the da!endantto acknowledge his signat ure a f f i xed on said promissorynote presented aDd to declare under o ath whether heowes the sum claimed.

On Ju l y 8th, the Court granted tl:e plaintiff ' sprayer .

On Aug . 1st , the defendant aanlt ted under oath theplainti!! 's allegation.

fhen the ple.inU!! petitioned the Cour t t o issuea writ o r execut ion against all the personal proper-tie s er the defendant in or der t o satisfy the sum cle.im­ed , plus interest and co st or the proceedings.

On Aug. 6th, the Court granted the plainti!!'sprayer .

On Aug. li , 1788 , be!ere the Court Clerk appearedDon Felipe Rav ine/Lieutenant Chief Constable, and statedthat in compl1e.nce with the proceeding decree he request

(cont'd l

(DOC. #1818)cont 'd .

ed the defendant to ~y the sum clalmed to the pla1nttrf~1I!!i.JI.land that defendant s refused to ~e payment . whereupon

he selzed the hane belonglng t o the defendant Vlllamll .

The plalntlff then petltioned the Cou rt to have tbllhome or the defendant Vlllamll appralsed, In order thatIt lI8y be sold to satisfy the sum cla1med.

Then tbll plalnUff turther pe tl tl oned the Court allag­I~ that he has been Infcrmed that the defendant had dls­posed of sald property. Wherefore, petltloner begs theCourt to order the defendant to sat1sfy the sum c lalllll d ,p lus the Interest aDd CO sts of these proceedlngs .

On Apr . 20, 1789 . the Court grant ed th e plaln tlff' spetl t1 on an d c cndemned the defendant to ~y for the co stof these proceedlIl!:s whlch amunted to 20 pesos and 3 and

.iii'~;1/2 reele s •

The record does not show whether the defendeDt did payt he plaintl ff ' s clalm.

#2fi(Al/110

d

Fi ls #711 . JJ uly 8, " 1788. 1JUdge: A. 1Argot e. 1CC: R. Perdomo . 1P . 1 to 3 11 . 1Spani s h. 1_____1

OOCUMENI' NO . isis .BOX 51.

CASE OFANTONIO MCRJ.LES, AS AGtNTCF HIS ABSEm BRmBER,

vmsusPEDRO GONZALES DE LA GALEA Y VILLA.- \LlIL.

tne record shows that the plaint itt, a resi~entot New Orleans , as agent or nis absent brother, J~nVentura Morales , brought action against the deten­dant t o recover t he sum ot 2 ,600 pesce , part ot saidscm as t he value ot three slaves and part as a l oanmade to t he detendant to enable nim to canplete pay­mant on a certain hous e ot his ownership , which houset he det endan t mortgaged in tever ot petitioner'sprincipal to guarantee said loan and the value otth e atoresaid slaves . Pe t i Uoner alleged that pay­manto is due on sel d mortgage end that t ne detendant

• • ;)1 has tellsd to me.ke payment . In order to substantiateni s al legations , petit Loner presented to t he Cour t a cer>titied copy or said mortgage . 'Ilheretoro , peti t1 one r beg­ged the Court to issue a writ of execution against t haproperties of t he de fendant i n order to sat isfY t he sumclaimed, plus i nt er est and the cos ts cr these proc ­eediDgs unt 11 the t i nal paylOOnt of said sum.

The re cord further shows that t he Court issue dt he wr t or execution pe titioned by the plaintitf whichwas l ev i ed on the mortgaged nouse , and thpt said nousewas twice appraised by different apprai sers in orderthllt it be sold at public auction to satisfY t neplaint itt 's claim; seld house was appraised the fir s tt1lOO in tna sum or 13000 pesos and tnen i t was adve r tisedtor sale at public auction witbout any bidders haviDgappeared ; this tact p-ompted t be plainti tt to peti tiontor a second appraisal , allegiqg tnat the exorbitant

(cont 'dl

c

Doc. #181111Box 51 .

sum fixed as tbe value or said bouse prevented tbe peoplebo were interested in purclBsing it , from making any

bids on it; tbis petition, altbougb opposed by tbe de fen­dant , was granted and tbe bouse was again appraised i ntbe sum ot 8500 pesce .

Tbe record , bowever, shows tbat at tbis state or t beproceedlllg s petitioner's brother and principal , JuanVentura Mara1es , arrived in tbe city and reached a satis-factory agre t witb tbe defendant tbe terms or wbicbwer e r ec or ded i n a pUbl1c deed passed before the CourtCl erk, but the record tails to SlOW said deed .

The ca se was t hen closed and an itemized statementof the costs ot these proceedings was IIIlde, BlDOunting tot he sum ot 130 pesos aM seven and one -half reales whichwas paid by tbe detendant as agreed .

122110

OJ m NO . 1820.BOX :il .

1 ProCEED! GS I '~"rlTU TED BY DON'PEDro RAGC. TO OBU IN CEP.TIFIW'COPES ClllfiI . DOOJ TS.II,I

------,

:Flle #2385.July 8 , 1788.Judge: Estevan

ire.CC: Pe desc le Ull .

P. 1 t o 8.Spanish ,

Don Pedro Aragon Vlllegas. a resldent of thlsClty, petitioned the Court allegl~ that havlDg loaned

.... 1 conslderable sums of money to Hls Majesty for tbe upkeepof hospitals " . t " b l1 s hed ln thh city am wareh ouses aswell as provls0ry tents far the expedltion agalnst Mobl1eand Pensacola from Sept. 1779 untl1 July of the year1781. The sum was pald to him ln certiflcates of c r edl twith a consldarable loss of lnterest. Wherefore , pet I >tloner begs the Court t o order the General Accountancyof the Amy to dallver hlm legel 0 rtified ooples ofsald loans .

On July 11 , 1788, the Court crdered to forwerd acopy of Don Pedro Aragon of V1llegas certlfi cate t o theAudit ar Assessar of the City .

The r ecord shoos that on Jan. 23, 1790, the Courtexamined the docu ments and then ordered the Court Clerkt o deliver to Don Pedro Aragon Y Villeges the certlfledlegal copies that he had requested.

The record i lncomplete and the outcome of t he ca se

1s not knoon .

1125(AI1110

File 1/46.July 11, 1788.JUdge: stevanMiro.CO: R. Perdano.P. 1 to 20.:3panish andFren:h.

DOCUl.1ENT NO. 1821.I BOX si ,I1 mOCEEDOOS INSTliUTED BY I'RANC ISCOI MAYRONNE, OWNER TIlE BR IDANTlNE1 NAMED "IA JOVEN Y-"LIC lANA", FCE THEI PURPOSE OF PROVOO THE FACT THAT1 BA.D rJ:ATIl1R FCRCED SAID BRIGA."TINEI TO ARR IVE TO TIlE PORT OF MAIANZA.S__ _ _ _ _ _ _ 1 AND THUS D 1 A.Y ITS TRIP TO THE PORT

OF ~T'~ 1 •

Francisco Meyronne, a resident and merchant or thisCity, and owner of the brig!llltioe nemed "La Joven Feli­c1ena", under the cOllllllBnd of Captain Felipe Mi11ot,pet1tiooed the Court allegi~, t18t as evideIX:ed by theclearallCe duly present ed, said briBenUne 8a11ed franthis Port on Jan . 23 , 1787, bounded fer the port of

Martinique'that said brigantine due to bad weather en­countere~on the high seas, on the night of Februarylll, of the same year, suffered considerable dalmges thusbeing oecessary fer said brigantine to make a farce ar­rival in the Port of Matenzas to be repaired, that it 1sconvenient for petitioner that said Captain and the crewof sai d bri~ant ins declare under aa th all of mat happened on said ni~ht of Feb. 16, end to give the rbason forthe fOrce arrival of said brigantine, how long she rem­ained in said Port of Matanzas, and to specify all therepairs made to said brigantine. Wherefore, petitionerbegs the Court to order as petitioned and to deliver topetitioner the original copy of the Captain's and crew'sdeclarations given under CIl.th so that petitioner may pro­mote whatever action may be convenient .

The Court granted Don Francisco Meyronne's peti t.t on;

The record shows the t the Ca:tain and crew of seidbrigantine gave their testimonies under oath, statingthat the reas on why they lI8de the fa-ce arrival in thePort of Metenzas was because of a storm, which damaged

(cont'd)

(Doc. #1821)cont'd.

sald brlgantlne , an d tmt they r llJllalned ln saldport 36 days , whlch was the necessary tlme t o repairsald brlgant lne.

The Cep t a l n ln complla nce wl t h the Cour t!s ordersulxnlt ted an acc ount or t he repe lrs IIll!lde on saidbrlgantine, and said acc ount was appr oved by theInsurance COCIpany and the Oourt. The Court acceptedas Ju st the r eason whlch compelle d the Captaln andcr ew or sald brl ga nt lne to lIIBke a forced arrlval lnthe Port of Matanzas .

The record fUrther sh ows that sald Framl scoUayronne , owner of said brlgantine WaS or der ed by theCourt to pay the costs at these pr oceedl ngs , glv1~

h1m the pr1vI leges t o sue the Insurame Company forsald c os ts alii :tbr all damage s suffered by saldbrlgantl ne ,

The costs of these proceedlngs lIIlounted to 23 pe ao sand 4 reaies .

{l24#10

F1le 1120.J ul y 12, 1788.JUdge: EstevanMiro.Court Clerk : R.Perdomo .P. 1 to 2.Spanish .

IIIII}}

___ _ _ _ _ 1.

OOC~Nl' NO. 1822.BOX 51 .

CASE CJEBELTR.Ul GllAVIER

vsasrsPEDRO CAMUS .

The record shows that the plaintiff, a resldent ofNew Orlel!llls,through his att orney, Antonio Mendez, broughtaction against the defendant, a resident of the Post ofNatchez, to recover the SJm of 848 pesos due on s promis­sory note which peti tioner presented as evidence •• Peti­tioner alleged that the defendant he.s failed tCll~ s a idnote on maturity and has failed to iDtorm petitionerof his intentions. Wherefcre. petl ti ore r begged the Courlto forward a warrant to the Ccxnmall1ant of the Post rLNatchez, i nstruct 1Ilg said COlIllIl!l.niant to summon the defen­ant 1n order to establish the legitlmacy of the plain­

tiff's claim and, ODee this ha s been doDe, to attach pro­perties of the defendant in onder to satisfY said claimand the costs of these proceedings, until the ticalPllyment of said clalm. Petltloner further begged theCourt to order the Canmandan t of the Post of Natchez to I

conduct all the necessary prooeedings to obtain the. pay- Iment at petitioner 's claim with the person whom peti tion­er w11l appoint to repre sent him in said pos t .

The record further shows tlBt the Court took cogni ­zance of tha pr omissory note presented and forwarded thewarrant as petitiomd by the plaintiff.

12210

L

The record shOlirs that on J ul y 12. 1 788 , the Courtgranted the plaintiff 's pe ti tion.

On July 23 , 1788 , the Court atter having examlnedthe docuDllnts crdered as petitioned by the plelnt iff .

Then tile plE.inUff pe tl tloned the Court t o is sue awrit of exec~ against all the pr ope r-t I e s of thedef \ '1nA t o satlsfy the sue c l a l med.

IX)C WENT NO . 1823.BOX 51.

CASE OFIX) E STEV~ BAUDIN

VErt SUSDON NICOLt..S CRISPIN.

Fl1e ~9 .

July 12 , 1 788.P. 1 t o 10 .Judge : Don E.Miro .CC : R. Perdomo .Spe.nish .

On J uly 9 , 1788 , the Cour t Cl erk ln complience wlththe precedine de cree went t o the house of the defen ­dant to receive his declaration. The defendant underoath adc1tted the r l intlff 's claim .

The plaintiff, r p-esenti~ Don Alexandro Boudin ,..etitloned the Court alleging that as evidenced byt he simple obligatl on presented, the defendant is in­debted to pet! t loner for tl:e pas t due sum of 109 pes­os and ~ r eale s and that the defendant has refused to_Ire payment on dEllland . 1lhflrefore , petitioner begsthe Cour t to order the defendent t o a cknowledge underoat h his signature affbed on sal d obligati on present­ed and to decle re under oath whether he ewes the sumcl a i med.

On A~ . 5, 1788 , Don Fellpe Ranir... , Lleu t en.r.n tChief Ccns t abl e, appeared em stahd: That in ccmpll­ance wi th the pr ece d ~ decree he reque sted tile defen­dant to pay the plai nU f f the s um claimed eDd as t he

(DOC . #18&31cont 'd.

efendan\ CaHed to pe • he then se1zed the sHver shoeuekles of the defenda nt' s ownerllb 1p .

he reeord shOll. that the defelLent finall pa1d thepla1nt 1ff the sum ela1ed .

&3#10

File #22.July 16, 1788.J udge : EstevanMiro.CC : R. Perdomo.P. 1 to 10 .Spl.nish .

,I,IIII

--- - - - ,

IXlCUMENT NO. 1824.BOX 51.

CASE OFBalITO ALON

vmsusPEDRO MON!' ANO.

The plaintiff, a resi dent or this City, br~ht ac­tion against the defendant allegillt ttat as evi denced bythe promissory note pr es ent ed, the defendant is indebtedt o petitioner in the pa s t due sum at 54 pe s cs and f ourr ea l e s, and that the defendant bas refu sed to make pay ­ment on dena nd , Wheref or e , I'l ti t1 oner begs the Court t oorder the defendant to acknowle dge under oath h1s sig­nature affixed on said pranissor y note pr e sent ed and todeclare whet her he owes the sum claimed.

The r ec ord shows thet on JUIlll 10th, the Court g r an t6dt he plaintiff's pr ayer .

On July 10, 1788, the Court Clerk 1n compliance wi t hthe precedillt decree, received the declaration or t hedef endan t, who atter hav1ng been sworn aocordixg to law ,acknowledged his sigm ture alii admit tEod the ple i nti f f ' sclaim.

The pla i nti ff then pe t 1tione d t he Court to is sue awrit of execution egai ns t the properties or the defendant,in order to satisfy said claim, plus i nterest and thecos t s or these proceedings .

The record fur th er shows t het seid writ or executionwas not anforced as the defendant pl. id the pla1ntiff'sclaim.

#25(AI#10

File ;/23 .July 16 , 1788.J udge: Es t evenMi r o .CC: R. Perdomo .P . 1 t o 13 .Sranish endCatalonian.

DOCUME.Nl' NO. 18 25 .BOX 51 .

CASE OFSEBASTIAN. S

VDi.SUSPEDRO MOl Al;E .

The record sh oa s t ha t t he plaintiff , a r e s i dent ofNew Orle ans , brought act i on agains t t h e def endant , ar e s iden t of St . Bernard Parish , t o r ecover t he sum of314 pe s os , value of c ertai n merchand i s e s old t o s aid de ­f endant, as e videnced by the fi ve notes dul y presen t ed .Pla i nti f f a lleges t hat payment on sai d not es is ps atdue , end that th e defenden t bas failed t o neke paymen t,on deman d. 0 eref ore, t he plaintif f be g ed the Cour tt o or der the defendan t t o declare under oath whe t he rt he signa tul'El3 affi xed t o t he f1 ve notes presen t ed arehis and whet her he owes t he sum cl a i me d .

The Court summoned t he de fendan t , wh o a ppeare d bef oret he Cour t Cl er k and under oa th acknoNledged t he deb t a sc la i med by t he pla in t iff, but pe t i t i one d the Court toor der t he pla inti ff t o g r an t him a on e-year extensi onof ti :ne i n whi ch to satis f y said debt so a s t o enabl ehim to collect certa i n deb ts owed him by s everal pe r sonsand amount ing to 500 pe so s . The de fendan t a l s o sta t edt o t he Court t ha t in due ti :ne he wi ll make c er t a i n de ­clara t i ons r egardi ng t he mer ch andi s e he r ece ived fromt he p lai nt iff .

The r ecord sh ows t hat on pla i nt i f f ' s pe t i t ion , anddi sr egardi ng t h e defendant ' s r eque s t f or a on e-yearextensi on of t i me , t he Cour t i ssue d a writ of exec utionagains t t he per so n a nd pr ope r t i e s of t he defendant i nor der to sati sty t he sum cl ai :ned , plus int er est and thecost s Of t hes e pr oc eeding s . However, said writ of execu­t ion was not enforced si nce the defenden t informed t he

( cont' d)

•

(Doc. #18 25)c ont 'd .

L1eut e nant Ch1ef Cons table tha t he had come to enagr eems nt w1th the ple1 nt 11'1' .

The r ec or d fu rther sh ows t hat t her e was a lapse ofmore t he n a ye ar , after wh1ch t he ple1nt 11'1' flled a pe­t1 t10n to ha ve the Cou r t d 1sn1s s t he case on the groundt hat the defendant bad p e1d 1n full , and to order an1tem1zed statement of t he cost s of t hese pr oc eea1cg s .

The Cour t orde red as pe t1 t1 oned by th e ple1 nt 11'1' ,bu t t he r ec or d doe s no t sho the c os t s of these proceed­1ngs .

#22#10

File #68 .July 16, 1788.Judge: E. Miro.CC: P. Perdano.P. 1 to 3.Spanlsh.

IXlCtJm:NT NO. 1826.BOX 51.

I HlOCEEDOOS INSTI 1UTED BY DONI nlANCISCO BOULIGNY, TO OBtAINI AUTBORIZJ.TION mOM TIlE COURT TOI SlLL A CFRtAIN TRACT OF Lt.ND OFI HIS OWNERSHIP TO DON DAN IEL CLARK.

I_____1,

Don Francisco Boullgny, LieutanaDt Colonel of theReglment or Infantry or Louisiana, brought this ae­tlon allegil8 that be is the OII'Iler of 16 arpentaof land acep l red by a grant trom Don Luis Unzaga onAugust 24, 17n and also tEll other arpents or landthat be bought tran Joseph Pauly; that he has soldsal d 26 arpents or land to Don Daniel Clark, and tootthe t1 tles to sai d land were destroyed by the fireof Maroh 21, of 176 Wherefore, he begs the Courtto authorize the Court Clerk to pass the act of saleor said land without produeiDg the tltles, as theywere destroyed by said tire.

On July 16, 1788, the Court granted Don FranclscOBoul1gny's prayer.

I#10

Fila !l25Y8.July 16, 1788.JUdge: Don~.

Argote.OCf Pedescl"ux.P. 1 to 3.Spanish.

II

J II

OOCUMENl' #11327.I BOX 51.II PRceEEDL"GS mSTI 1UTED BY J OSEPH) SAl.JVAG E, FCR THE PU\POSE OF OBTA m ­I mG A Pt IT TO SELL A CEIlTAIN NEROI SLAVE (y HIS armERSHIP.I

---- ---')

Don Josef Sauvage, a resident of this City, petiti­oned the Court for the purpose of obtaini~ a permit tosell a cer t a i n negro slave named Luis, that petiti onerbought at tID Pas t of Natchitoches , f ran Don Barth010meCampanela, and that petiti oner did not obtain any re ­ceipt when he bought said slave end t hat pet iti oner de­sires to sell said slave. Wherefcre, pe t it i one r begsthe Cour t to recehe the decl a r a ti on from said Don Bar­tholome Campanela, wh o will declare whether it is truethat he sol d said slave to petiti onar, without givena writ ten t1tle.

On July 16, 1788 , the Court crdered petit i one r toprove his ownership of said slave.

On the same day Don Josef Sauvage pre sented DonBartolome Campanel, who declared under oath, th at itis true that he sold said negro slave named Luis to DonJosef Sauvage, without having issued him any documentto prove the sala of said slave .

The record shows that on July 16, 1788 , the Courtgranted to Josef Sauvage the p ermi t t o sell his slave,and ordered the Court Clark, to estimate the c osts ofthese proceedings, llI1ich amounted to :3 pe sos and 3reales . Said cas ts were pa id by Sauvage.

123fllO

IXlCUM:ENT NO. IBm •.BOX 51.

File 112387.July 21. 1788.JUdge: AntonioArgots.CC: P . Pedescl eux.P. 1 to 3.Spanish.

The record shoo that Narciso Alva . a residentand merchant at New Orleans, petitioDlld the Court al­leging that he is the general agent ot Martin Navarro .InteDdant at the Army. who lett In htl possession acertain negro slave n_d Joeet. 211 years old; thatsaId Navarro acquired said slave from Olivero Pollockt!:ll'o~h a private sale . as it was the custClll at thattiJllll; that petitioll8r nc:. desires to sell said slave.wheratore. be begged the Court to admit him intorma­tion to establish Navarro's title on said slave, andODCe this has been done , to grant petit ioner the nec­essar,r permit to pertorm said sale.

PROCEEDOOS INSTI TUTED BYINARCI so ALVA. AS GnlERAL AGnlT10F MARTIN NA VARRO. INTm OOIT10F TIlE AI<MY. TO SEroR E A PEIlUU1TO sn.L A NEGRO 9..AVE OF THE10WNFRSHIP OF SAID NAVARRO.II

_______,1

Tha record tUl'ther shows that Navarro's title onthe slave in question was tully established t!:ll'oughthe intorllll tion furnished by two wi tneSles. and thatin view thereot the Court gran ted the perm! t pet1 tion­ed by Narciso Alva.

The rec<rd doss not allow the costs at these pro­ceedings .

1122#10

CA E OFJOSE COOTAN 0 TASADIF

VERSUSJUAN C STUA IN AND JOSEFSUARIR.

OCC1JW..Nr NO. 182i.OOX 51.

The plaintiff, a resident of this City, petitionedthe Court alleging that as evidenced by the privatecontract presented, the defendants ren ted pet it ioner' sschooner far the purpose of IIllllt ing e tri r to the otherside at the leke to bUy a cargo of 11me, agreei~ topay the rantal of 2.50 pesos per day fran the time ofsailing until said schooner is ret~ned to New Orleans;that the defendant also promised to deliver seid boatin good condition; that the defendant anchared saidschooner et the entrance of the Bayou tao or threedays where th e waves pounding on it s hull causing greatdamages to said schooner, and t hat the defaIIl ani; re­tused to pay tor the rent and damges done to saidschooner. Wherefore petiti oner begs the Court to compethe defendants to acknowledga tlxlir siglmture on tlxlcontract prasen ted and to declare under o at h whethertl18Y contracted said schooner as alleged.

File #2609 . IJuly 21, 1783. IJudge: Juan IArgote . ICC : Pedesclaux. IP. 1 to 5. ISpanish. I______1

On July 24, the Court granted the plaintiff's peti­

tion.

The record shows that on July 30th the defendantsin compliance with the preceding decree, a dm i tted theplaintiff's allegat1 ons , under oath.

The recard is incomplete aIIl the outcome at the caseis not known.

File #45. IJuly 24, 1788. IJUdge: E. lUro. 1CC: R. Perdomo. ISpanish. IP. 1 to 2. 1_____1

DOCWENr NO. 1830.BOX 51.

mOCEEDINGS INSTITUl'ED BY ESPIRI- .TU LIOTAU AND JOSEPH ANGELIN IQRmE PURPOOE U1 OBTAINING A PIRKl!TO ssu, SlR BRIGANTINE mw:n- AW.BLE CELEST:E."

Espiri tu Liotau aD! Joseph J.ngel1n, residentsof this City, instituted these prooeed1~S allegingthat they desire to sell their brigantine =_d-Ameba Celeste~ to Don J'ranclsco de A.lba fer tilesum of 4000 pesos in Mexican coin; that one A.ugus­Hon Fabre, mo 11 absent !rem this city, owns 1/3interest on said brlgantiDll; and that they ere wl.l­11~ to be responsible tor the sale of said brigan­ti ne. lIherefore, they begged the Court to orderthe Court Clerk to draw tha act of sale of saidbrigantine.

The Oourt ordered as preyed tar by Espiritu Lio­

tau and Joseph j.ngel1n,

1215(A.)110

File #76. IJuly 28, 1788. IJUdge: EsteV6n ,Lliro. I00: R. Perdomo. IP. 1 to 10. )Spanish .]'reDOh. ,-----,

DOCWENr NO. l631.Box 51.

PROCEEDImS INSTl iUTED BY PROS­PERO PRIEUR, AS AGEN T OF JUANA.REINES, A P.ESIDENT OF ONTPELI ­sa, WIDOW OF PEDRO F IDES , TOOBTAIN HER SHARE OF INHERITANCEOF TH ESTATE lEn BY HER DE­CEASED SON, J OSEPH FI DES.

The record sbOllS that Prospero Prieur, throughhis attorllllY, Ant onio Mendaz, as agell1 or JuanaRaines, a resident otWontpeller, wldow ot PedroFides, instituted these proceedlllts tor the pur­pose or obtaining tor his principal her share otlnheritance or the estate lett by her deceased son,Joset )'ldes, a graduated Lleutenant Oolonal otDragoons, who died In New Orleans. To establishhis capaclty as agent ot sald Juallll Reines, peti­tioner presented to the Court a pOller-or-attorllllydrawn at Montepelier in French, which was translat­ad lnto Spenl sb by Bstevan de Qulnones on petl t l­oner's reqllll st.

The petitioner then tUed two petitions: One toobtaln possesslon or the records ot the lnYentorlesmade at the .tate or the deceased ln or der to exam­ine them, am the other to have the Court againorder Luis Llotau, Judlclal AccCWltant, to malee thepartitlon or 8ald estate between the deceased'swlte, Elizabeth Duvenger, am hls mother, petlt ion­er's prlncipal. Both petitions were granted, butthe record does not show the partition and onlyshows an ltemlzed statement or the costs at theseproceedings whlch lIllounted to tlve pe s os snd sevenreales.

1122110

the record t ther sho.. that sald allII wal at­tached In sp 1 to of the tact that the defendant ob>Jected on the grounds the t In accardance with a cer­ta1n Royal Ordlnance, sul ts fIled agel nst persons

(cant'dl

On plelntItf's petItion a wrlt of execution a­gel nit the propertiel of the defendant wal 1sllUedby the Court, and a Il8gress lleve and her Ion ftrIl

attached, whlch properti es were c a:lSldered Insuf­flclent by the plalnti tt mo pet! tICDed the Court toattach the sum of 2,000 pesos belongl~ to the da-fendant whlch s In the pOlSeulon of PedroV1soso, as a 8lltullDIIlnt at a certaln lltigation be­tween the sald Visoso and the detea1ant.

The record abon that the plelntlff bro~ht ac­tion agalIl8t the defendant to reo""er the .ulIl of600 peles In new1)' mlnt ed l(exican meney 1tI.lch pleln­titf's prlnclpal loanad to the deteJJdent withoutInterest and whlch loan the let tar Il8'1"llIld to p~

by abIppl~ to the plaint! tt' I JZ'lnclpal BOO cypre..boerds cut especIally to lIlIlke boxll8 to contain sugar;said shlpment was to be DBda on Apr1l, 1788, thedefendent havI~ ta1led to comply wIth sald agree­menti the plal nti ff then begged the Court to orderthe defendant to pey the IUIII of BOO peSOl, representIng lald loan, plus the market value of sald bosrds,al allO the traIl8partation r1sks and the expensescaused until the tlnal peyment of lald clelm.

D<lCIJMENT NO. 183 2.OOX sr,

C.+.SE OFJOS:EPB ZWlll.A, AS AGENT ~HIS BllOTlUR, FDIO ANTONIOZAMlll.A, A RESIDENT OF Il.\V}.NA,

CUIll,Ym&lS

FRAN:: 1500 DE SALES lllDILLO.

Flle #2631 .July 2Il, 1786.JUdge: EltevanIUro. ,CO: P. PedlllcleUJ: .)P. 1 to 1711. ISpanlsh . I- - - - - - ,

(Doc. #1632\cont'd.

lnvobed in bankruptc,. prOC"cU~s, as in the da­fement's case, should be auanarl17 beard 8Ild de­cided b,. the Intendent s ~ their delegates, andnot carrled in the ardl IlIl17 t cna which the plain­tiff is now following. A long litigation ensuedend the Court flnall,. redered Juclgmlln t llga1ns t thedefendant, ~derlng that the plelntl tt' s clalm ~

BOO pesos, plus the costs of these proceadlngsbe plold tram the 2000 pe IIOS aUache d.

!he defendant then eppealed this decla1 on andthe case w.. sent to the Superior Court of APpealsof Havana, "ube.

!fbe ..ecord shows thet the Super ior Court orAppeals or Hayana affirmed the JUdpnt of the lowerCourt or Ne. Orleens.

122­110

The pe tit ion&r then tiled a simi lar pe ti t ion in theCourt ot Senior Judge Joseph Foucher, m o also deni ed it

DOOUMENT NO. 1833.BOX 51.

PROOEEDOOS INSTITUTED BY FEIllOARAGON Y V ILLIDAS TO BE OOOmEDOF TIlE HlOCEEDOOS BEOO CARRIEDour IN A CERTAIN ron AND SIXOTHlll mCIDEN'l'AJ,. HlOCEEDOOS IN­STITUTED IN CONNECT ION 'In H TIESroCESSION O¥ BlRWLOME MAG NON ,TO BE GIVEN CERTIFIE D COPIES THEROF, ETC.

122

The record she-s that Pedro Aragon y Villegas, aresident an d merchant ot New Orleans , .brought action inthe Court ot Governor Esteva n Mi ro allagiq;; t hat he hasbeen informed tmt in the Court of Senier J udge JosephFoucher, a certain sult and si x incidental proceedingshave been filed in connection with the succession otBartolane Magnon of whose estate Juan Bautis t a Baca istestamentary executor, petitioner havi ng previouslyfiled criminal charges against Court Clerk Rafael Per ­dano tor the irregularities be CXlmmltted in said suc­cession; that it is convenient to petit ioner' s interestto be kept intormed of all the pr oc eedi ngs that are be­ing carried out in said suit am si x incidental proceed­ings, to be g i ven certitied copies of the recordsthereot and to have the Court Cler k Pedro Pedesclaullplace said records before Governor Miro's Court, previ­ous appearance of petitioner to expla in to the Courtverbally the reasons for this petition. The recorddoes not show whether the petitioner appeared to statehis reasons, but from s ubsequent petitions he filed itmay be um.erstood that he desired to be lIlIl.de a partyin said suit because of the pendiq;; charges he ha d tlledagainst Court Clerk Rafael Per domo . However, Governorllir o "s Court denied his petition on t he g ro um. ot noJurisdiction.

File £,2384. IJuly 30, 1768. IJudges: Estevan IMiro, IJoseph Foucher. ICC: P. Pedesclaux. IP.ltolO. ISplnis h. I______1

110

- - ------- - - - - - - - - _ ..<""'1

l1le j ll.July 31, 1788.Juc:ge: Zs tevanLUro.CC: R. PerdOlllo.P. 1 to 5.Span1sb ,Eng11a b.

OOetn4liNT NO. lB34.IlOX ei,

HUX:EED 00 S INST lrofED BY ISAACBUDD rom, AS AGEN!' OF JAMES WILKIN­roN, OF KE NTUCKY, !O SELL A CDlTUNNmRO saVE IWIED JESSE, OF AMER ICANNATI ONALITY, OWNED BY SAID WI LK INSON

Tile record sb~s that Isaac Budd ~, B resIdentot New Orleans, petit l oned the Court alleglng that asevldenced by the docUDnt duly presented he has beenappolnted by Santlago Wllklnson, ot ~entucky, as tbelatter's agent ln tb ls Clty to sell a certaln negroslave named Jesse, ot Amerlcen naU anal1 ty, cwJlll4 bysald Wllklnson as evldenced also by sald document, andthat lneslllucb as sald da:ulIlent dOllS not au t bor b epetltloner to sell saId &leve t o Danlel Clark as petl­tioner has agreed t o do , peU U oner begged tile Court togren t blm tbe necessary permit to pertorm sa ld saleend to order tbe Court Clerk to draw tbe proper deed otsale.

The Court ordered tbe tr8llslation lnto Spanisb ot tbedocument presented by petitioner whlcb was written lnEnglisb. Sald translation was made by Juan Joset Ilu­tcrest, ottlclal translator, and ln ., lew thereot tbeCourt 1ssUlld t be permit petl U oned by Isaac Budd DuJIO.wbo wben tbe Court Clerk a ttemp t ed to noUty b1m ot theCourt's declslon was toUlld to have lett tbe cUy.