Phebe, a free woman of color known as Phebe Vail, charges that François Vienne, Sheriff of the parish of Natchitoches, has illegally seized her property, which consists of $349.95 in gold and silver, and three lots of ground. The land is now being advertised for sale. Phebe claims that she was in the “quiet possession” of her property, having acquired the land through valid acts of sale, when it was seized in execution of a judgment obtained by the firm of Taylor Hartt & Co. against one Valery B. Schultz. Phebe argues that her property was seized in spite of her “opposition, protest & remonstrances” to the sheriff, because she was unable to furnish the security required for an injunction to stop the sale. She argues that her only recourse is to make a legal opposition to the sheriff’s actions by suing him as well as Peter G. Taylor, Hiram Hartt and Pardon L. Taylor, administrators of the estate of their late partner Henry B. Dearth. She prays for the return of her gold and property and for $300 in damages. A related document reveals that the defendants claimed that Phebe Vail was Schultz's lover of many years, and that Schultz had placed his property in Phebe's name in order to protect himself from his creditors [Missing text].
Result: Partially granted; appealed by plaintiff; affirmed.
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Repository: Natchitoches Parish Courthouse, Natchitoches, Louisiana
