McMicken v. Perin (59 U.S. 507)

by John Archibald Campbell

United States Supreme Court

59 U.S. 507

McMicken  v.  Perin

This was an appeal from the circuit court of the United States for the eastern district of Louisiana.

The facts in the case are stated in the opinion of the court.

It was argued by Mr. Henderson, for the appellant, and Mr. Smiley, for the appellee.

Mr. Henderson made the following points:--

1. That the decree validates a void purchase of a litigious right.

2. That the complainant's alleged title was void by the Louisiana statute of champerty.

3. That no loan of money and no resulting trust is shown.

4. There is no express trust in writing shown, though such trust is averred.

5. That the amount admitted by the bill and exhibits to be due to the defendant on the purchase was not allowed him in the decree.

6. That Mary Perin was not made a party to the bill, though her interest in one half of the property in controversy was shown.

Mr. Justice CAMPBELL delivered the opinion of the court.

Notes