Avegno v. Schmidt & Ziegler
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 1. The effect of decree of confiscation is to divest alL interest of the confiscate©; and from, that moment the life estate is vested in the government and the ownership in the presumptive heirs of confiscatee. 92 XT. S. 202; 95 TJ. S. 711, 713; 102 XT. S. 132; see Pasteur’s case (unreported) XT.
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APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 1. The effect of decree of confiscation is to divest alL interest of the confiscate©; and from, that moment the life estate is vested in the government and the ownership in the presumptive heirs of confiscatee. 92 XT. S. 202; 95 TJ. S. 711, 713; 102 XT. S. 132; see Pasteur’s case (unreported) XT. S. S. C. In which case, held: that the fee simple vests in the presumptive heir of confiscatee from the date of judgment of condemnation. 2. The pact de non alienando is a mere private contractual stipulation, binding on the…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
A statement of the salient facts which have given rise to this controversy is necessary to a proper understanding of the issues involved therein.
On the 20th of January, 1865, proceedings were instituted under the Act of Congress of July 17th, 1862, known as the “ Confiscation Act,” for the condemnation of seven lots of ground in this City, as the property of Bernard Avegno.
On the 13th of April of the same year, Charles Morgan, a citizen of New York, holding notes of Avegno amounting together to $36,400, secured by mortgage on four of the lots…
2Cases cited1 opinion
- Bigelow v. ForrestSupreme Court of the United States · 1870
3Cited by8 opinions
- State ex rel. Bush v. TrahanSupreme Court of Louisiana · 1909
- Shields v. SchiffSupreme Court of the United States · 1888
- Jefferson v. StringfellowSupreme Court of Louisiana · 1920
- Ross v. MarreroCourt of Appeals for the Fifth Circuit · 1997
- Lotz v. Iberville Bank & Trust Co.Supreme Court of Louisiana · 1933
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