Talk:Burthe v. Denis/Opinion of the Court

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Edition:	Burthe v. Denis, on the east bank of the Mississippi river, a few miles above the center of the city of New Orleans, though within its corporate limits A portion of it was known as 'Exposition Park,' or 'Audubon Park' When the city was occupied by the federal troops, in 1862, they took possession of the plantation Some of its fields were used for pasture, some were converted into camping ground, and upon part a hospital for the soldiers was built The whole was in the military occ pation and control of the United States, to the entire exclusion of the owner In 1865 a claim for reimbursement of the damages sustained was presented on behalf of the owner to the military claims commission sitting at New Orleans Gen Canby, as commanding general of the district embracing that city, and the head of the commission, made a report upon the claim, recommending, upon the advice of his chief quartermaster, its settlement by the payment of $36,43333 This report was addressed to the adjutant general's department, and forwarded to Washington in June, 1866 No part of this claim was, however, paid, for the reason, as stated by counsel, that before action was had upon it the act of congress of February 21, 1867, was passed, forbidding the settlement of any claim for the occupation of or injury to real estate by the military authorities or troops of the United States where such claim originated during the war 14 St 397 In 1869, Foucher died, leaving a will in which he made his widow, also a citizen of France, his universal legatee, and she was put in possession of his estate In 1877, she died, leaving a will by which she devised her entire estate to her nephews and nieces, who were appointed her universal legatees jointly After some litigation to determine the true construction of this will, the legatees went into possession of her estate 31 La Ann 568 The estates both of Foucher and of his widow were settled, and the property distributed among the legatees of the latter or their heirs The executors were discharged, and the successions considered as finally closed Neither the estate of Foucher nor of his widow had received any moneys upon the claim which had been presented on behalf of Foucher in 1865 for the damage sustained by the occupation and use of his plantation by the federal troops, the payment of which had been recommended by Gen Canby; nor was any mention made of the claim in the distribution of the estate of either .
Source:	Burthe v. Denis from http://bulk.resource.org/courts.gov/c/US/133
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