Burbank v. Semmes

ERROR to the Supreme Court of the State of Louisiana.

This was an action brought in the Fourth District Court of the Parish of New Orleans by Thomas J. Semmes, against Edward W. Burbank, for the recovery of one-half of lot No. 15, fronting on Edward Street, in the city of New Orleans, in the Square bounded by Annunciation, Benjamin, St. Thomas, and Edward Streets.

Semmes prayed that he be adjudged the lawful owner of the lot, and entitled to the possession thereof.

Burbank claimed title as the purchaser under a venditioni exponas, directed to the marshal of the United States for the then Eastern District of Louisiana, issued by the District Court for that district in United States v. Six Lots of Ground, property of Thomas J. Semmes. The suit was brought under the act of Congress of July 17, 1862, 12 Stat. 589. The marshal conveyed the lot to Burbank, by deed bearing date June 15, 1865. Semmes was the owner of several lots in that square; and by the decree of condemnation rendered in that suit his title in and to lots 14, 16, 17, and part of 18 was divested. Neither in the libel, the monition, the decree of condemnation, nor the writ, was lot 15 mentioned.

A judgment was rendered for the plaintiff, which was affirmed by the Supreme Court of the State, and Burbank then sued out this writ of error.

Mr. Thomas J. Durant for the plaintiff in error.

Mr. Thomas J. Semmes, contra.

MR. JUSTICE CLIFFORD delivered the opinion of the court.