United States Supreme Court Cases & Opinions

U.S. Supreme Court

Burthe v. Denis, 133 U.S. 514 (1890)

Burthe v. Denis

No. 1381

Submitted January 13, 1890

Decided March 3, 1890

133 U.S. 514

ERROR TO THE SUPREME COURT

OF THE STATE OF LOUISIANA

Syllabus

The property of a subject of the Emperor of the French in Louisiana was occupied by the army of the United States during the war of the rebellion. A claim for the injury caused thereby was adjusted by the commanding general, but payment was refused in consequence of the passage of the Act of February 21, 1867, 14 Stat. 397, c. 57. After the organization of the commission under the Claims Convention of 1880 with France, 21 Stat. 673, his executor (he having meantime died in Paris leaving a will distributing his estate) presented this claim against the United States to the commissioners, and an allowance was made which was paid to the executor. In settling the executor's accounts in the courts of Louisiana, two of the legatees, who were citizens of France, laid claim to the whole of the award. The other legatees, who were citizens of the United States, claimed the right to participate in the division of this sum. The award of the commission being silent on the subject, the briefs of counsel on both sides before the commission together with letters from the claimants' counsel, and a letter from one of the commissioners, were offered to show that only the claims on the part of the French legatees were considered by the commission, and the evidence was admitted. The Supreme Court of Louisiana ordered the award to be distributed among all the legatees, French and American.

Held:

Page 133 U. S. 515