Whipple Aldrich vs. Joesph M. Hernadez

Whipple Aldrich vs. Joesph M. Hernadez

Lower Court

  • St. Johns County

Date

  • 1857

Box

  • 473

Folder

  • 854

Transcript

property acquired during the coverture and with which the said Robert McHardy after the death of the said Mrs. Mary McHardy has been doing business and planting that form the time of the removal from Nassau to East Florida of the said Robert McHardy and Mrs. Mary McHardy till after the year 1813 they were residents of a Province of Spain and were wholly subject to its laws and that at the time of the death of said Mrs. Mary McHardy her property descended to the defendant under Spanish law by which he became entitled to the ganancial property acquired during the [?] and he prays his portion of the amount paid the said Complainant for the loss of crops may be set off to him and decreed to be paid by said Complainant.

And the Defendant further answering saith that the Plantation at Tomoka on which said crops were made was land granted by the Spanish Government to the said Robert McHardy "as head rights," and that the negroes on which said grant was chiefly made were his separate property of the said Mrs. Mary McHardy and the said plantation was a part of the increase and proceeds of their property during the covertures, one half of which by the Spanish Law of said East Florida belonged to the said Mrs. Mary McHardy and now belongs to and is the property of the Defendant and the Defendant is informed and believes that the said Plantation has been sold to pay the debt of the said Robert McHardy not contracted during the coverture of the said Robert and Mary McHardy, and for which his property was in no way liable, and he prays if it shall appear to this honorable Court that the said Planation has been sold to pay a debt of the said Robert McHardy and on [?] of the rights