Avegno v. Schmidt
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT. OF THE STATE OF LOUISIANA. This was an action brought in the Civil District Court of the Parish of Orleans, in the State of -Louisiana, by the plaintiffs in error, heirs of Bernard Avegno, deceased, two of whom, being minors, were represented by his widow, as their tutrix, against the defendants in error, to establish their title to certain real estate in the city of New Orleans, and to recover possession thereof.
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IN ERROR TO THE SUPREME COURT. OF THE STATE OF LOUISIANA. This was an action brought in the Civil District Court of the Parish of Orleans, in the State of -Louisiana, by the plaintiffs in error, heirs of Bernard Avegno, deceased, two of whom, being minors, were represented by his widow, as their tutrix, against the defendants in error, to establish their title to certain real estate in the city of New Orleans, and to recover possession thereof. The case was tried by the court without a jury and judgment was rendered for the defendants. Upon appeal to the Supreme Court of the State, the…
1Opinion of the CourtJustice Woods
He recited the facts as above stated, and continued :
It is plain, and is not disputed by the plaintiffs, that if there had been no proceeding instituted by the United States for the condemnation of the property, and no intervention therein by Morgan, he would have acquired a good title to the premises, by his purchase thereof at the sale made under the decree of the Circuit Court rendered upon his bill to enforce his mortgage, and his deed therefor to the defendants would have vested in them a good and indefeasible title.
The plaintiffs contend, however, that the title so conveyed is void, for…
2Cases cited14 opinions
- Bigelow v. ForrestSupreme Court of the United States · 1870
- Day v. MicouSupreme Court of the United States · 1874
- Warren v. ShookSupreme Court of the United States · 1876
- Wallach v. Van RiswickSupreme Court of the United States · 1876
- Donaldson v. MaurinSupreme Court of Louisiana · 1830
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Burns v. City of NashvilleTennessee Supreme Court · 1919
- Jenkins v. CollardSupreme Court of the United States · 1892
- Illinois Central Railroad v. BosworthSupreme Court of the United States · 1890
- Tennent v. CafferySupreme Court of Louisiana · 1927
- Heirs of Ledoux v. LavedanSupreme Court of Louisiana · 1900
7 more not listed; retrieve them via the Exa API.