Waples v. Hays
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE LOUISIANA. The questions presented in this case arose on the following facts: ■ ' On the 7th of August, 1863, proceedings were begun in the District Court of Louisiana for the condemnation of three lots-of ground in New Orleans seized under the act of July 17th, 1862, 12 Stat. 589, ch. 195, as the property of Harry T. Hays. The-property when seized was encumbered by a mortgage from Hays to E. A. Bradford.
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IN ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE LOUISIANA. The questions presented in this case arose on the following facts: ■ ' On the 7th of August, 1863, proceedings were begun in the District Court of Louisiana for the condemnation of three lots-of ground in New Orleans seized under the act of July 17th, 1862, 12 Stat. 589, ch. 195, as the property of Harry T. Hays. The-property when seized was encumbered by a mortgage from Hays to E. A. Bradford. On the 27th of November, 1863, Bradford appeared in the suit in response to the monition and filed a petition of…
1Opinion of the CourtChief Justice Waite
After stating the facts as above, he said:
It was settled in Bigelow v. Forest, 9 Wall. 339, 350, and Wallach v. Van Riswick, 92 U. S. 202, that ordinarily the estate acquired by a purchaser of real property condemned and sold Under the confiscation act of July 17th, 1862, terminates with the life of the person for whose act it was seized. The only question in the present case is .whether Waples, the purchaser, occupies a different position because of what was done with reference to the Bradford mortgage. We think- he does not. The saló was made on ,the sentence of condemnation alone! The only…
2Cases cited4 opinions
- Bigelow v. ForrestSupreme Court of the United States · 1870
- Wallach v. Van RiswickSupreme Court of the United States · 1876
- Smith's Heirs v. BluntSupreme Court of Louisiana · 1831
- Estate of Maillon v. BoyceSupreme Court of Louisiana · 1859
3Cited by1 opinion
- Shields v. SchiffSupreme Court of the United States · 1888