United States v. One Whippet Sedan Automobile

ALSCHULER, Circuit Judge.

The question is whether the government was justified in proceeding for the for-foiture of the ear under section 3450, Rev. St. (26 USCA §§ 1181, 1182), whereunder lienors are not protected, or whether it should have proceeded under section 26, title 2, of the National Prohibition Act (27 USCA § 40), which does protect the rights of innocent lienors. The District Court found against the government’s contention of right to proceed under section 3450.

To avert the application of Port Gardner Investment Co. v. United States, 272 U. S. 564, 47 S. Ct. 165, 71 L. Ed. 412, and…