William Burnham Woods,
Avegno v. Schmidt — Opinion of the Court
“ The estate of the government in the property having been determined by the death of Avegno, it is now of no concern to any one, so far as it respects the title to the property, whether the government was represented in the suit of Morgan of enforce his mortgage or not. Without pointing out who were the necessary and proper parties to such a suit, the plaintiffs say that Avegno was neither a necessary nor a proper party, and that as he was the sole defendant, the circuit court was without jurisdiction to make any decree in the suit brought by Morgan to enforce his mortgage. ”
