Lawsuit/Petition Adeliza Pickett vs Phillip D. Quays, E. Carroll Parish, Louisiana This information generously donated to the Louisiana Genealogy Project - African American Archives by: Carol Baker ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Source: East Carroll Parish Clerk of Courts Lake Providence, Louisiana 71254-2695 USGENWEB Notice: These electronic pages may not be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material must obtain the written consent of the contributer, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Files may be printed or copied for personal use only. Petition Record of Adeliza Pickett vs Phillip D. Quays, 10th District Court, Parish of Carroll, LA, filed May 4, 1852, Eli Harris, Clerk, No. 1920 To the Hon. The Judge of the Tenth Judicial District Court in and for the parish of Carroll Louisiana: the petition of Adeliza Pickett wife of Phillippe Dutilet Quays both of the parish and state aforesaid, shows that on the 17th day of March 1843, she was duly and legally united to her present husband in the bonds of matrimony in the city of New Orleans LA. That previous to the performance of the marriage ceremony, they, your petitioner and her present husband the said Quays entered into a marriage contract / which contract is hereto annexed, marked "A" and prayed to be taken as part of this petition/ by the 3rd article of which it will be seen your petitioner brought into the marriage twenty six slaves for life of the value of eleven thousand dollars three hundred and seventy five dollars / $11,375 / That by the 5th article of the said contract, said husband was to have full power with the consent of your petitioner with her jointly to sell, alienate or in any manner dispose of said slaves as well as any other movable or immovable property your petitioner might acquire either by inheritance, donation or purchase, provided the funds arising from such sales be reinvested by the said husband in the purchase of other slaves or immovable property for account of said wife, your petitioner. Further, your petitioner shows that said Quays her husband, by authentic act passed before Phillipe Lacoste a notary public in and for the city and parish of New Orleans on the 24th day of January A.D. 1850, acknowledged that he had received before the passing of said authentic act, from said wife your petitioner the further sum of twelve thousand six hundred and four dollars, and seventy four cents /$12,604.74 / accurity to your petitioner from the estate of her deceased father, John Pickett - which authentic act marked "B" is hereto annexed and prayed to be taken as a part of this petition - for which sum thus by him obtained the said Quays consented and acknowledged himself to be bound, charged and liable to your petitioner. Now your petitioner shows that her said husband Phillipe Dutilet Quays has neglected to reinvest the above sum of twelve thousand six hundred and four dollars and seventy four cents in other total property for her use as he was required to do by the 5th article of the marriage contract aforesaid. Your petitioner further shows that owing to the disorder and embarrassment of the affairs of her husband the said Quays, she is induced to apprehend and fear that his estate may not prove sufficient to meet her rights and claims. That the property of her said husband is already mortgaged and hypothecated * specially in the sum of two thousand dollars /$2000 / to Robert Anderson, which mortgage was recorded on the 24th day of June A.D. 1848 in book "D" of mortgages on pages 192, 193 & 194 in the recorder's office for the parish of Carroll, state aforesaid. That the property of her said husband is also mortgaged and hypothecated in and for the further sum of ten thousand dollars / $10,000 / to the firm of Marten, Owen & Co. a commercial house in the city of New Orleans, which last mortgage is on record and was recorded in book "D" of mortgages on pages 476, 477, 478 & 479 on the 23rd day of March 1850. Therefore in consideration of the promises your petitioner prays that she may renounce the community of acquests and gains, that the total mortgage on the property of her said husband rescind to her by law for the restitution of her dowry and the reinvestment of her total property be declared to be in full force and effect from the date of their marriage but to rank and take effect after the mortgages in favor of said Anderson and said Martin, Owen & co. shall have been canceled and discharged in full. That the negroes enumerated and described in said contract of marriage together with their increase be set apart and decreed to be hers, together with two thousand dollars with a in her own right, that she have judgement against her said husband for the above mentioned sum of twelve thousand six hundred and four dollars and seventy four cents together with legal interest on the same, from the 24th day of January A.D. 1850; that a reparation of property may take place and that the administration and management of all the property she may have acquired from the succession of her late father John Pickett or from any other source be restored to her, That her husband the said Phillipe Dutilet Quays may be cited to answer hereto, that costs of this suit be paid and for general relief. Short & Parham attys for P. & She further prays your honor that she be authorized to appear and prosecute this suit. Upon evaluation of the foregoing petition and upon motion of the plaintiff Attorney, it is ordered that the plaintiff be and is hereby authorized to prosecute her suit. Recorded and Signed this 1st May 1852. John Perkins. I, 102C ___________________________________________ Record of Mortgage Filed as attachment to Petition #1920 Carroll Parish, LA United States of America State of Louisiana City of New Orleans Be it Remembered that this day the Twenty Fourth of the month of January One Thousand Eight hundred Fifty and in the Seventy Fourth year of the Independence of the United States of America. Before me Philippe Lacoste notary public in and for the City and Parish of New Orleans, duly commissioned and Sworn residing in said City and in presence of the Witnesses herein after named and signed Personally Came and Appeared Mr. Philippe Dutillet Quays residing in the Parish of Carroll in this State. Which said appearer does hereby acknowledge that Mrs Adeliza Pickett his wife, here present, and by her Duly and Specially authorized and assisted, has delivered to him before the passing of these presents, the sum of Twelve Thousand Six Hundred four dollars and Seventy Four cents, accruing to the said Mrs. Quays from the succession of Mr. John Pickett her father, Deceased ____ For which sum thus by him received, the said Quays consents to become bound, charged and liable in favor of his said wife, and hereby consenting that one inscription be made in favor of Said Mrs. Quays up to the amount of said sum of Twelve Thousand Six hundred four dollars and Seventy four Cents in the office of the Recorder of Mortgages of Said Parish of Carroll and wherever it shall or maybe necessary. Done and Passed in my office at the City of New Orleans the Day, month and year above mentioned in presence of Messr's Louis Arman Garidel Jr & Henry Victor Garidel witnesses thereto required and residing in this City who have signed with the Parties and me, Notary after the reading of the act. Signed: P.D. Quays, A. Quays. J.C. Garidel L.A. Garidel & Phi. Lacoste Not. Pub. A True Copy of the Original New Orleans The Twenty fifth January Eighteen hundred and Fifty Two Signe: Phi. Lacoste Not. Pub. State of Louisiana Parish of Carroll J. Thomas V Zant Recorder in and for the Parish of Carroll in the State of La do certify that the foregoing mortgage is duly recorded in my office in Mortgage Book D folio 446 & 447 Given under my hand and Seal of Office this July 17, 1850 J V Zant Recorder FACE PAGE : #1920 24th January 1850 Charge taken by Mr. P.D. Quays in favor of Mrs. Adeliza Pickett, his wife Filed May 4, 1852 Eli Harris, Clerk Phi. Lacoste Not. Pub. _____________________________ Contract of Marriage 16th March, 1843 Mr. Philippe D. Quays to Miss Adeliza Pickett by Phi. Lacoste, Not. Pub. Filed as Part of Carroll Parish lawsuit petition #1920, Filed May 4, 1852, Eli Harris, Clerk. Phi. Lacoste, Not. Pub. United States of America State of Louisiana - City of New Orleans Be it known that this day the Sixteenth of the Month of March One-thousand Eight-hundred and forty-three and in the Sixty Seventh year of the Independence of the United States of America. Before me Philippe Lacoste, Notary public in and for the City and parish of New Orleans, duly commissioned and sworn and in presence of the witnesses hereinafter named and undersigned, Personally came and appeared, Mr. Philippe Dutillet Quays, of this City of the full age of majority, the legitimate son of Mr. Joseph Quays late of this City, Deceased, and of Mrs. Delphine Cavaille his widow, now the legitimate wife of Mr. Bernard Farge), said appearer widower of Mrs. Charlotte Antonine Lacoste, of which marriage he has a child named Marie Manette Quays, and herein stipulating in his proper name and behalf, of the one part; and Miss Adeliza Pickett, minor, a native of Franklin County, state of Mississippi, legitimate daughter of Mr. John Picket and of Miss Amy King his widow, now the legitimate wife of Mr. Robert Anderson, of him duly authorized and assisted, both of Franklin County State of Mississippi and here present; the said minor proceeding herein with the consent of her said mother and with the assistance and authorization of the said Anderson, her guardian, of the other party; Which parties declared that they have agreed to regulate in the manner following the clauses and conditions of the Civil Contract of the marriage which they bind themselves each to the other, to celebrate as soon as here into required one by the other, to wit; Article 1st There shall be community of janis and acquests between the said parties and the said community shall be regulated by the laws of the State of Louisiana; all laws, customs, and usages of other countries to which they may be hereafter remove to, the countries; notwithstanding; Article 2nd All debts contracted previous to the said intended marriage, shall be at the charge of, and liquidated by or out of the funds of the party with whom the same shall have originated, and the other party, his or her estate, or interest in the said community shall not, in any manner be held or made liable therefore; Article 3rd The said intended wife duly assisted and authorized by her said guardian, brings in marriage and constitutes to herself in dowery: The following slaves valued by the parties as follows to with; 1. George, twenty-seven years old, Six hundred dollars .........$600 2. Green, twenty-five years old, Six hundred and fifty dollars .$650 3. Jacob, twenty-three years old, Six hundred dollars ........ $600 4. John, twenty-six years old, Six hundred & fifty dollars ....$650 5.Abram, thirty seven years old, six hundred dollars........... $600 $3,100 6. Robert, twenty-two years old,Six hundred and fifty dollars..$650 7. Guy, forty-two years old Four Hundred and fifty dollars.....$450 8. Alexander,Eighteen years old,five hundred and fifty dollars.$550 9. Smanttwenty-one years old,five hundred and fifty dollars $550 10. Riehmond, sixteen years old, five hundred and fifty dollars.$550 11. Bill, Twelve years old, Three hundred and fifty dollars.....$350 12. Andy, Eighteen years old, fifty dollars ....................$ 50 13. Jaff, ten years old, Three hundred and fifty dollars ...... $350 14. Diamond,Seven years old,two hundred and seventy-fivedollars.$275 15. Joshua, ten years old, Three hundred and fifty dollars .....$350 16. David, ten years old, Four hundred dollars .................$400 17. Fanny,thirty-two years old,Five hundred and fifty dollars ..$550 18. Isabella, forty years, Four hundred and fifty dollars.......$450 19. Chloe, eleven years old, Three hundred and fifty dollars ...$350 20. Harriet, twenty-three years old and her two children 21. Victoria, eighteen months old and 22. Little Harriet, three months old, together Five hundred and fifty dollars ..$550 23. Penny, forty-five years old, Four hundred dollars ..........$400 24. Milly, seven years old, Three hundred and fifty dollars ...$350 $10,275 25. Martha,Seventeen years old,Five hundred and fifty dollars .$550 26. Rosetta,fifteen years old, Five hundred and fifty dollars...$550 Total Amount: 11,375. Dollars Article 4th The said intended wife, always assisted in everything by her said guardian, also constitutes to herself in dower, all sums of money and property, either movable or immovable, accruing to her from the unsettled succession of her said deceased father accordingly as the same shall be established hereafter by the accounts of the liquidation of his succession, and the acquestences which she and her said (x) husband shall hereafter grant for or on account thereof; the said intended husband hereby binding himself on such receipt or receipts to come due inscription of privilege to be made in favor of the Said intended wife in due form of law, up to the amount which shall be paid into his, her, or their hands; Article 5th It is expressly agreed and understood by and between the parties hereto, that during the said marriage, the said husband shall have full power, with the consent of and jointly with his said wife, to sell, alienate, and in any manner to dispose of the salves above named and also of all total immovables she may acquire by inheritance, donation or purchase with her total funds, provided that the funds, proceeding from said alienations be reinvested by the said husband in the purchase of other slaves or real property for account of his said wife; Article 6th Whenever the herein mentioned community of acquests and janis shall be dissolved by death of either of the aforesaid contracting parties , or otherwise, they hereby mutually agree that it shall be lawful for the intended wife , or her heirs, to retake free of encumbrances all the property she brings in marriage or that may evolve to her by succession, donation, or otherwise; Thus, has the whole been agreed upon by the contracting parties; Done and passed at the residence of Mr. Wilbert Leonard, Hospital Street, and in this city , the day, month and year aforementioned and in the presence of Mess'rs Francois Auman Pheque Phi. and William De Buys witnesses thereto required, and residing in this city , who have signed with the parties and me Notary, after the reading of the act. Signed, A. Pickett, P.D. Quays, A. Anderson, Ro. Anderson, P. Leandre Lacoste, R. Bein, C. Lacoste, F. A. Pheque, Wm. De Buys, Phi. Lacoste, Not. Pub. A true copy from the original on record in my office. New Orleans, Seventeenth March Eighteen hundred and forty three. Intended // this reference approved. Signature of Phi. Lacoste, Not. Pub. I Thomas V Zant, recorder of the parish of Carroll in this State and city that the foregoing Marriage Contract is duly of Record in my office in Mortgages Book D folio 444, 445, & 446 given under my hand office this May 7, 1850 J V Zant Recorder * < > = submitter's note