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Gaines v. Miller, by the appellant on May 11, 1880 Its material allegations were as follows: The appellant was born in 1806, and was the daughter of the late Daniel Clark, of the city of New Orleans On July 13, 1813, Clark duly executed his last will and testament, by which he devised and bequeathed to the appellant all his estate He died August 16, 1813 Appellant did not know that she was the daughter of Clark until 1834 On June 18th of that year she propounded for probate in the parish court for the parish of Orleans, Louisiana, his last will, and after a litigation of more than 20 years it was admitted to probate on February 23, 1856 In the mean time, in the year 1827, she had become of age; in 1832 she was married to William W Whitney, who died in 1838, and in 1846 she was married to Gen Edmund P Gaines Gen Gaines died in 1858, and appellant has since remained a widow A short time after the death of Clark, in 1813, Richard Relf and Beverly Chew 'began to act as executors of his estate in their own wrong, and without authority of law, under a will of Clark executed in the year 1811, which had been revoked by his will of 1813' By power of attorney they appointed Samuel Hammond, the defendant's intestate, their agent, to sell and convey the lands belonging to the estate of Clark lying in the state of Missouri Hammond, prior to April 9, 1819, sold lands, and received therefor, over and above the credits and commissions to which he was entitled, the sum of $6,84180 Relf and Chew sued Hammond for the money so received by him, and in August, 1819, recovered a judgment against him therefor On October 8, 1823, an execution was issued on the judgment, and levied on lands of Hammond, being the north half of New Madrid, survey No 2,500, which were bought in by Relf and Chew, and the purchase money thereof, to-wit, $42777, credited on the judgment Hammond was a resident of Missouri from about the year 1815 until December, 1824, when, being insolvent and indebted to the estate of Clark for the balance due on said judgment, he fraudulently absconded, and secretly left the state of Missouri, concealing himself from appellant by traveling to places unknown to her He went to the state of South Carolina, where he lived until his death, which took place in August, 1842 No letters of administration were taken out on the estate of Hammond until October 25, 1879, when property of his estate in the state of Missouri having been discovered, letters were granted to the appellee, Charles Miller, by the probate court of the city of St Louis .
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