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KIRK V. LYND, 106 U. S. 315 (1882)

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U.S. Supreme Court

Kirk v. Lynd, 106 U.S. 315 (1882)

Kirk v. Lynd

Decided December 4, 1882

106 U.S. 315


Where, pursuant to the act of Aug. 6, 1861, c. 60, entitled "An Act to confiscate property used for insurrectionary purposes," lands were seized and condemned, the purchaser of them under the decree took an estate in fee.

Pasteur, the owner in fee of lands in New Orleans, remained in the possession of them until Nov. 17, 1863. A libel of information under the Act of Aug. 6, 1861, c. 60, was then filed against them in the proper district court of the United States. A decree for their condemnation and forfeiture was rendered Dec. 5, 1863, by virtue whereof they were sold, Jan. 13, 1866. Under the purchaser, the defendants Lynd and Lewis derive their title.

Pasteur died May 3, 1874. His widow and children then brought this suit for the lands and for the fruits and revenues derived therefrom since his death.

The defendants demurred to the bill, setting up as the principal ground therefor that by the proceedings in the district court, including the seizure, libel, decree of condemnation, and the sale thereunder, the fee, and not simply the life estate of Pasteur, in the forfeited lands passed to the purchaser, and that therefore the complainants were entitled to no relief. The demurrers were sustained and the bill dismissed. The complainants thereupon appealed.

Mr. R. Stewart Dennee for the appellants.

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