Joseph Tom asserts that a former resident of the city named Andre Marchesseau left for California nine years ago, leaving behind an infant mulatto slave named Ernest in the care of a woman named Marie Louise Dusuau, wife of Voltaire Arnoult alias Coco. In 1852, Marie Louise's health started to fail and she "entrusted & deposited" the child to the petitioner's care. Ernest remained under his care until 1857, during which time Tom incurred expenses at the rate of $10 per month, for a total sum of $570. Upon Marie Louise's death in 1857, the boy fell into the possession of Samuel J. Peters Jr., his mother's owner. Tom claims that, since Marchesseau has never come back or been heard from, it should be induced that Ernest has been abandoned and that neither his real owner nor the title to his ownership can be traced. He therefore claims to be entitled to proceedings "in rem," i.e., against Ernest "which stands pledged" for his debt "by virtue of the privilege attached to his claim." He prays that an order be issued to seize Ernest and, after due proceedings, sell him to satisfy his debt.
Result: Provisionally granted; set aside; appealed; affirmed.
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Repository: University of New Orleans
