
    RUFUS WAPLES v. THE UNITED STATES.
    (16 C. Cls. R., 126; 110 U. S. R., 630.)
    
      On the claimant’s Appeal.
    
    The United States district attorney, in the State of Louisiana, buys, at a marshal’s sale, real estate in New Orleans, libeled and condemned under the Confiscation Act as the property of C. M. Conrad. The marshal’s deed purports to convey the fee, and as between individuals would import a warranty of title in the grantor, by the law of Louisiana. Conrad’s son brings an action in the nature of ejectment against the claimant, setting up that the property had been conveyed to him prior to the confispation proceedings. Pending the suit, the elder Conrad dies. Subsequently judgment, with nominal damages, is rendered against the claimant. The government was not a party to that suit.
    
      The court below decides— •
    (1.) In proceedings under the Confiscation Aet (12 Stat. L., 589, ch. 195), the estate sold being simply the estate of the person proceeded against, the marshal cannot sell more. Should his deed assume to convey an estate in fee simple, the purchaser, evicted after the death of the person whose estate was confiscated, cannot hold the government liable on the marshal’s deed for the purchase money.
    (2.) If any covenant of warranty of title be implied by local law in a deed conveying confiscated property, the warranty will, at most, be simply of an estate for life in the persons whose estate is confiscated.
    The judgment of the court below is affirmed on the same grounds.
   Mr. Justice Field

delivered the opinion of the Supreme Court, March 3,1884.  