Waples v. Hays

Citations

• 108 U.S. 6
• 1 S. Ct. 80
• 27 L. Ed. 632
• 1882 U.S. LEXIS 1272

Syllabus

<p>Confiscation — Mortgage—Subrogation.</p> <p>1. A mortgaged real estate in New Orleans to B. Proceedings being taken against it -under the Confiscation Acts as the property oí A, B intervened. The estate was condemned and sold to C, and the proceeds paid to B .under decree ol court. Alter the death oí A, suit was brought on behalf of his heirs to recover possession of the property : Held, that 0 acquired the Jife estate of A; that the heirs of A were entitled to recover; and that neither the United States nor C was subrogated to the rights of B; also,</p> <p>2. That under the practice of Louisiana, C could not, after going to trial on the petition, object that it was defective by reason of not setting forth the deed under which he claimed title.</p>