| Notes |
- Andrews, Salomon (Joseph & Marie Haize) b 19 May 1799 (Opel Ch v.1 p 278)
Andrus, Solomon (Joseph & Mary Haize residents of this parish) b 19 May 1799, bt 18 Apr 1802. Pats: Benjamin Andrews & Mary Gardgrove; Mats: William Haize & Celestine Borman; Spons: Hilary Andrews & Sarah Lesassier. Fr. Louis Buhot (Opel Ch: v.1-A, p 278)
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Joseph Andrus vs. Solomon Andrus
District Court No. 1040
St. Landry Parish, Louisiana
Filed: 14th February 1826
To the Honorable Seth Lewis, Judge of the 5th District Court of the State of Louisiana, sitting in and for the Parish of St. Landry.
The petition of Joseph Andrus of the Parish of St. Landry with respect represents, That Solomon Andrus of the same Parish is indebted to him in the sum of Three thousand five hundred dollars which to him he owes and from him unjustly detains. For that whereas by an authentic act of Mortgage prayed before James Roy Notary Public in and for the aforesaid Parish of St. Landry, at Opelousas on the 29th day of October 1823 the said Solomon Andrus, acknowledged himself justly indebted to your petitioner, in the sum of three thousand five hundred dollars which he promised and obliged himself to pay to your petitioner his heirs or assigns in one year from the date of the said instrument for value received. And the said Solomon Andrus more effectively to secure the payment of said sum at the stipulated time mortgaged and hypothecated to your petitioner his heirs and assigns the following property, to wit, A tract of land situated in the aforesaid Parish of St. Landry, and lying in the Prairie of the Church thereof, adjoining on the North to land of Adelaide Lemelle and on the south to land of the Mortgagee and containing eight hundred superficial arpents, together with all the Buildings, improvements and appurtenances, and being the same on which the said Solomon Andrus now resides. The undivided half of a tract of land situated in the aforesaid Parish and lying on the west side of the Bayou Marie Croquant, bounded by ands formerly belonging to Luke Collins, Ellis V. Donato Bello and containing six hundred and twenty-five American acres, being the same holden in common with the Mortgagee, both tracts having been acquired by the Mortgagor in the Partition of the Estate between the Mortgagee and his children as per public act under date of the eighth of December in the year one thousand eight hundred and seventeen, And the said Solomon Andrus, by the said authentic act of Mortgage, did also mortgage and hypothecate to your petitioner a negro man named Robert aged about twenty-six and a negro boy named Lewis aged about sixteen years, which authentic act of Mortgage above described is herewith filed and annexed to this petition. And which said sum though often demanded of the said Solomon Andrus he hath refused and still doth refuse to pay, whereby the same is still due and owing to your petitioner, who, the premises considered prays your honor to grant him, an Order of seizure and sale, directed as the law designates, to seize and sell the Mortgaged property described ?.(last line not legible)
Costs. And your petitioner prays such other and further relief in the premises as from equity, justice and law he may be entitled and he as in duty bound.
Lesassier & Bowen, Attornies
For Petitioner
Note: Lesassier was Luke Lesassier, son-in-law to Joseph, and brother-in-law to Solomon, married to Eliza Andrus.
Second page is an affidavit signed by Joseph attesting that Solomon is indebted as described in the petition.
Next is an order by Judge Seth Lewis setting the order of seizure and sale for 19th Feb, 1826.
The Mortgage:
Know all men by these presents, that Solomon Andrus of the State of Louisiana and Parish of St. Landry, acknowledges himself justly indebted to his father Joseph Andrus in the sum of three thousand five hundred dollars, which he the said Solomon Andrus hereby promises, obliges himself his heirs etc. to pay to the said Joseph Andrus his heirs and assigns in one year from the date hereof and for value received---Now the said Solomon Andrus more effectually to secure the payment of said sum at the stipulated time has mortgaged & hypothecated & does by this public act hypothecate & mortgage to the said Joseph Andrus his heirs or assigns the following property, to wit, a tract of land situated in the aforesaid Parish of St. Landry and lying in the Prairie of the Church thereof, adjoining on the north to land of Adelaide Lemelle & on the south to land of the mortgagee & containing eight hundred superficial arpents, together with all the buildings, improvements & appurtenances, & being the same on which the said Solomon Andrus now resides?the undivided half of a tract of land situated in the aforesaid Parish & lying on the west side of the Bayou Marie Croquant, bounded by land formerly belonging to Luke Collins, Ellis & Donato Bello & containing six hundred & twenty-five American acres?being the same holden in common with the mortgagee?both tracts having been acquired by the mortgagor in the Partition of the Estate between the Mortgagee & his children as per public act under date of the eighth of December in the year one thousand eight hundred & seventeen?a negro man named Robert aged about twenty-six years & a negro boy named Lewis aged about sixteen years?
In testimony whereof the said Solomon Andrus has hereunto signed & sealed with the said Joseph Andrus accepting the mortgage in presence of the subscribing witnesses & before James Roy Notary Public in & for the aforesaid Parish of St. Landry at Opelousas this twenty-ninth day of October one thousand eight hundred & twenty-three.
Witnesses: Signed & Sealed,
Guy Bell Solomon E. Andrus
James Bell Joseph Andrus
James Roy
Notary Public
Next Document:
The State of Louisiana
To the Sheriff of the Parish of St. Landry, Greetings.
Whereas Joseph Andrus of the Parish of St. Landry hath presented to the 5th District Court for the Parish of St. Landry his certain petition against Solomon Andrus of the said Parish stating amongst other things that the said Solomon Andrus is justly indebted to him in the sum of three thousand five hundred dollars, and that more effectually to secure payment of the said sum at the stipulated time mortgaged and hypothecated to said petitioner the following property, to wit:
A tract of land situated in the aforesaid Parish and lying the Prairie of the Church thereof adjoining on the north to land of Adelaide Lemelle & on the south to land of the mortgagee & containing eight hundred superficial arpents, together with all the buildings, improvements & appurtenances, & being the same on which the said Solomon Andrus now resides?the undivided half of a tract of land situated in the aforesaid Parish & lying on the west side of the Bayou Marie Croquant, bounded by land formerly belonging to Luke Collins, Ellis & Donato Bello & containing six hundred & twenty-five American acres?being the same holden in common with the mortgagee?both tracts having been acquired by the mortgagor in the Partition of the Estate between the Mortgagee & his children as per public act under date of the eighth of December in the year one thousand eight hundred & seventeen?a negro man named Robert aged about twenty-six years & a negro boy named Lewis aged about sixteen years?
And praying that under Order of Seizure & Sale issue directed as the law requires to seize and sell the mortgaged property as described in said petition, to satisfy his aforesaid demand of three thousand five hundred dollars with interests & Costs. And whereas the said Court dictated by its order of date the 11th of February 1826 grant the prayer of the petitioner.
Now therefore you the said Sheriff by virtue of the order of said Court and in compliance with the prayer of said petitioner are hereby strictly commanded to seize and sell according to law all the above described property, and that you have those monies before our said Court to render to the said Joseph Andrus within ninety days from the date hereof together with this writ and herein fail not.
Witness the Honorable Seth Lewis, Judge of the Said Court this 14th day of February in the year eighteen hundred twenty-six.
Signed, Henderson Taylor, Clerk.
Next Document:
Received this Writ the 14th of February, 1826 at 10 o?clock A.M. 20th of February 1826. Seizure as the Property of Solomon E. Andrus, the following, to wit:
1st. A tract of land situated in the aforesaid Parish and lying the Prairie of the Church thereof adjoining on the north to land of Adelaide Lemelle & on the south to land of the mortgagee & containing eight hundred superficial arpents, together with all the buildings, improvements & appurtenances, & being the same on which the said Solomon Andrus now resides.
2nd. The undivided half of a tract of land situated in the aforesaid Parish & lying on the west side of the Bayou Marie Croquant, bounded by land formerly belonging to Luke Collins, Ellis & Donato Bello & containing six hundred & twenty-five American acres?being the same holden in common with the Petitioner Joseph Andrus.
Also a negro man named Robert aged about twenty-six years & a negro boy named Lewis aged about sixteen years and the Brand of said Defendant thus: S (and a symbol) with all the Horned cattle and Horse Creatures branded with the said Brand or Mark, and notified the defendant of the Seizure thereof by delivering to him a written Notice 24th of February 1826. Advertised the said Property for sale at the Courthouse of this Parish on the 27th of March 1826 at Noon by posting up advertisements in the English & French languages, both at the Courthouse and the Church Door of this Parish, as the law requires. And on the said 27th of March 1826 had the said Property appraised by Moses Littell and Jacques Daforey, chosen by & for the Parties, as follows:
1st. The tract of land having 800 superficial arpents, with the improvements, at the sum of Two Thousand and Seven Hundred Dollars.
2nd. The undivided half of a Tract of land having 625 American acres at the Sum of Seven Hundred Dollars.
3rd. The Negro boy named Lewis aged about 16 years at the Sum of Six Hundred Dollars.
4th. The Negro man named Robert, aged about twenty-six years at the sum of Five hundred and Fifty Dollars.
And the Brand, together with the Horned Cattle & Horse Creatures at the Sum of One hundred Dollars. Making in all the sum of Four Thousand Six hundred & Fifty Dollars, then proceeded to the Sale of the said Property, after having first exhibited & read to the bystanders the Parish Judges Certificate of Mortgage under date the 27th of March 1826. When Joseph Andrus, being the last and Highest Bidder the same was adjudged to him for the Price of Three Thousand three hundred and forty Dollars, which I hereby acknowledge to have received. Therefore return this writ as having made the Sum of Three Thousand three hundred and forty dollars as above stated.
This 27th day of March 1826,
George Jackson, Sheriff
Costs of this writ:
Sixty-six Dollars & 87/100.
Note: Remaining documents are receipt of payment for the property at the Sheriff?s sale, signed by Joseph Andrus, the advertisements for the sale written in both French & English, and a document signed by Judge George King stating that David Todd had a lien on the same property as a second mortgage for the sum of $467.00, with interest, dating to 1 March, 1823, and that this was the only lien against the property.
Transcribed from a copy of the original filed in St. Landry Parish Courthouse.
Transcribed 11 July 2010
So, Joseph bought back the mortgaged property for less than its value (using the mortgage credit as cash), and Solomon had lost his home and likely al, or most of his property. Solomon died 2 years later, at age 28.
Did Joseph allow his son and his family of wife Louise Tauriac and their four children to remain on the property, or did he make them leave? What had happened to Solomon's wealth between 1817 and 1823?
When his mother, Marie Hayes, died in 1812, Solomon (still a minor) received the following inheritance from his mother's estate:
S ixth: Was received by Solomon Andrus a Negro boy named Robert at
five hundred & fifty dollars 550.00
In moveables the sum of one hundred and ninety dollars 190.00
The above being the articles collated Amount brought forward $740.00
A tract of land situated in the aforesaid Parish of Saint Landry and lying in the
Prairie of the Church, adjoining on the North side to the land of Joseph Gradnigo
and on the South to Joseph Andrus, containing eight hundred arpens at
two thousand dollars 2000.00
An undivided half of a tract ofland situated on the West side of the Bayou Marais
Croquant, bounded by land formerly belonging to Luke Collins, Ellis & Donato
Bello., and commonly known as the Cypress swamp tract, containing six hundred
& twenty-five American arpens at nine hundred and forty-six dollars & fifty cents 946.50
A Negro woman called Yellow Fanny aged about forty years with her child,
a boy named Morrison about six months old at seven hundred dollars 700.00
A Negro boy named Lewis aged about ten years at four hundred dollars 400.00
Amount brought forward $4880.00
A Negro boy named Tom aged about eight years at four hundred fifty dollars 450.00
A Negro boy named Isaac aged about six years at three hundred and fifty dollars 350.00
A Negro girl named Juliann aged about three years at two hundred dollars 200.00
$5886.50
The Sum returned in Cash 62.85
Complete share of Solomon Andrus $5825.65
So, at age 13, he had the equivalent in 2007 dollars of $102,200 at his dispersal. He married Louise Aurore Tauriac about 1820, and she probably brought some property and cash into the marriage. Yet, by 1823, he has only a portion of the first tract of land, and only 2 slaves, when he originally had six. He owed his father, Joseph a debt of $3500.00, which in 2007 dollars would equal $61,400.00, or 2/3 of his total wealth, if he had any left at that point.
One scenario might be that Solomon owed a gambling debt, or made some bad investments, and Joseph seized the property to keep it from being further mortgaged to other creditors, thereby saving the property for Solomon and his family. The size of the $3500 debt, and the loss of over $102,000.00 in just a few years is mind boggling. Obviously Solomon had serious financial concerns, and perhaps his family was trying to save him before it was too late.
At the time of his death in 1828, Solomon's estate was only worth $29.00, consisting of a barrel of some type of goods, a bed, and a lot of pots. This young man (and his family) had been reduced to paupers. It appears the family remained involved after his death, as there was a family council and tutorship proceedings filed for the supervision of the minor children.
Also, Solomon's children were to inherit their deceased father's share when their grandfather Joseph died. Joseph died in 1834, but his estate was not settled for 10 years. By that time, Solomon's children were young adults.
http://trees.ancestry.com/tree/8629074/person/-771928379
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1799 - 1828 (29 years)
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