Citizens Bank v. Hyams
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. VoorhieSj J. A confiscation decree and sale under the Act of Congress of 17th July, 1862, to confiscate the life estate of certain offenders, does not disturb the mortgages on theproperty. Act of Congress, 12th Statutes at large, p. 589; Bx parte Lange, 18 Wall. 177; Hatter of Macuard, 20 Wall.
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PPEAL from the Civil District Court for the Parish of Orleans. VoorhieSj J. A confiscation decree and sale under the Act of Congress of 17th July, 1862, to confiscate the life estate of certain offenders, does not disturb the mortgages on theproperty. Act of Congress, 12th Statutes at large, p. 589; Bx parte Lange, 18 Wall. 177; Hatter of Macuard, 20 Wall. Ill; Avegno vs. Schmidt & Ziegler, 85 An. 585. Hence the purchase by the Citizens Bank at such confiscation sale of the life estate of its debtor, even though the bank afterward undertook to sell the property under the erroneous impression…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
This is an action to recover certain calls or contributions due on stock, and the balance of a loan; the former secured by mortgage, the latter by a pledge of the shares.
*731It is brought against the heirs of Henry M. Hyams, who are in possession.
Their defence is, that the claim is extinguished by confusion and prescription, and that no personal judgment can be rendered against them, as they are beneficiary heirs only.
The District Court non- suited the plaintiff with a reserve of right to proceed in a different form.
From the judgment they…
2Cases cited4 opinions
- Best v. PolkSupreme Court of the United States · 1873
- Avegno v. SchmidtSupreme Court of the United States · 1885
- Borland v. DeanU.S. Circuit Court for the District of Massachusetts · 1826
- Claims of MarcuardSupreme Court of the United States · 1874