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Maarten Janssen, 2014-
Autor(es) | Joaquín José de Miera |
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Destinatário(s) | Francisca López de la Peña |
In English | Letter from Joaquín José de Miera to his wife Francisca López de la Peña. The author bids farewell to his wife and he declares independent from her. Francisca López de la Peña, Joaquín de Miera´s wife, appealed a sentence against her in which she was obliged to pay her husband´s debts. Although the sentence was issued by Seville´s Council, the defendant appealed before Castille´s Council. Joaquín de Miera had established a trading company with José del Castillo and as a result of its bankruptcy, the partner had assumed the responsibility of all the debts, together with other debts he had incurred by himself. Francisca de la Peña argued that her husband could not be blamed for those debts or other actions given that he was mentally ill as a consequence of an epidemic disease he had contracted in Cadiz in 1800. In order to prove her husban´s alienation, Francisca presented certain letters written by him in between 1800 and 1802. Presenting new exhibits to an appeal contravened the judicial mechanisms. However, a royal permission allowed for the letters to be taken into account. The plaintiffs had already provided letters as evidence proving Joaquín de Miera´s indebtedness. Originally, the letters transcribed in here were not included in the proceeding, although there are references and copies of excerpts throughout several pieces of the bundle. Despite the fact the debtor´s dementia was confirmed by the physicians and the new letters had been written by him, as verified by handwriting experts; in 1816 the Real Audiencia decided that the debt had to be paid to the creditors. |
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