Page:Federal Reporter, 1st Series, Volume 9.djvu/660

KIRK V, LEWIS, 6e5 �law to render such judgments questionable as fraudaient preferences. In both cases here the warrants were executed and delivered more tban two months before the petition in bankruptcy was filed, and hence it was beyond the power of the court to avoid the judgments on the ground of constructive fraud. The court below, therefore, properly recognized the validity of the judgments of the appellees, and made the orders prayed for. Appeals dismissed at costs of appellant. ���KiEK V. Lewis and others.* {Oircuit Court, E. D. Louiaiana. December, 1881.) �1. Confiscation Act of Augdst 6, 1861. �A sale uuder the confiscation act of congress, approved Augnst 6, 18'61, (12 8t. 319,) conveyg to the purchaser the fee oi the property, aad not the life- estate only of the owner thereof. �2. Pardon. �It seems, that a pardon does not remit forfeitures where the rights of third persons have intervened. , Armstrong's Foundry, eyfull. l^Q, a.iatm^u\Bh.^i. �Plaiijtifif, on behalf of herself and her miner children, alleged that lier late husband, E. W. Pasteur, and his brother, C. N. Pasteur, were, during their liyes, the owners of certain real estate in New Orleans, Isnown as the Virginia Press; that under proceedings taken in virtue of the act of congress, approved August 6, 1861, entitIed,"An act to conflscate the property used for insurrec- tionary purposes," on November 17, 1863, said property was seized by the United States marshal, and subsequently condemned and sold. The bill ttoen avers that by such procedure the estate of said E. W. and 0. N. Pasteur was forfeited for and during the term of their natural lives. Complaiuant then sets forth the death of her husband and his brother; her appointment as tutrix of their minor children ; the possession of defendants of the property in question ; and prays that the undivided half thereof formerly belonging to her husband be delivered up to her, and that there be an accounting for the fruits and revenues that have accumulated sinee the death of her husband. The defendants demurred on two grounds: (1) That proper parties had not been made; and (2) that the marshal's sale of the property, alleged in the libel, was a full and complete divestiture of title from E. W. Pasteur and his heirs, and not merely of his life-estate, as claimed by complainants. �W. IL Mills and R. Stuart Dennee, for complainants. John A. Campbell and Thos. L. Bayne, for defendants. BiLLiNGS, D. J. There have been several grounds urged in sup- port of the demurrer. I shall consider but one : Did the respondents �♦Reported by Joseph P. Hornor, Esq., of the New Orleans bar. ��� �