
    
      CATIN vs. D'ORGENOY’S HEIRS.
    East’n District.
    June, 1820.
    Appeal from the court of the parish and city of New-Orleans.
    A slave, who has a deed of emancipation, under which she is to be free at the grantor's death, is in the meanwhile, a statuliber and children born from her, in the mean while, are slaves.
    The plaintiff claimed the freedom of her children, under a deed from her former master, the defendants’ ancestor. They pleaded the general issue. There was judgment for them, and she appealed.
    The defendant’s ancestor, in the deed of emancipation produced by the plaintiff, says “ I hold, as my slave, a creole negro girl named Catin, aged 18 years, born in my service, from the negro woman Martha, to whom I gave her freedom, according to the terms of the deed, which I executed before the present notary, last year, 1801, and I have offered to the said Catin her freedom, on certain conditions (terminos ) which I shall express, gratuitously and without interest, in consideration of the good services of her mother, the said Martha. In consideration whereof, I grant by these presents, that I emancipate and liberate from all : subjection, captivity and servitude, the said negro Catin, my slave, with the qualification and condition (calidad y condition) that she shall hold and enjoy freedom (tener, disfrutar y gozar) 
      immediately after my death. But during my life she is to remain in my service and power, continuing and contributing her services, as she has done to the date of these presents. By virtue of which, and immediately after my death, and thence forward, she may deal, contract, sell and purchase, appear in court, execute deeds, make a will, as a free person, & c.”
    The children were born, after the deed, but before the death of the grantor.
   Mathews, J.

delivered the opinion of the court. The decision of this case, depends entirely on the construction to be given to the act of emancipation, by which the appellant claims to have been made free, at the time of the birth of the children, for whom she now claims freedom.

We are of opinion that the court below has given a just interpretation to said act, and was correct in considering the mother to have been of that class of persons, known to the Roman law, by the appellation of statuliberi and that children born from her, while in such astate, are not entitled to freedom.

It is, therefore, ordered, adjudged and decreed, that the judgment of the parish court be affirmed with costs.

Moreau for the plaintiff, Cuvillier for the defendant.  