Legal Opinion

De Treville v. Smalls

Supreme Court of the United States

Decided January 20, 1879No. 102PublishedCited by 42 opinions

Error to the Circuit Court of the United States for the District of South Carolina. This is an action of trespass quare clausum fregit, brought by William J. de Treville against Robert Smalls, to try the title to a certain lot of ground in the town of Beaufort, S. C. The plaintiff having made out & prima fade case, the defendant offered in evidence the following paper: — “United States of America.

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Error to the Circuit Court of the United States for the District of South Carolina. This is an action of trespass quare clausum fregit, brought by William J. de Treville against Robert Smalls, to try the title to a certain lot of ground in the town of Beaufort, S. C. The plaintiff having made out & prima fade case, the defendant offered in evidence the following paper: — “United States of America. “ Tax-sale Certificate No. 238. “ This is to certify that at a sale of lands for unpaid taxes, under and by virtue of an act entitled “An Act for the collection of direct taxes in insurrectionary…

1Opinion of the CourtJustice Strong

This case presents for our consideration the several acts of Congress of 1861, 1862, and 1863, which provided for the levy and collection of a direct tax, and the contest below was whether, under those acts, the defendant had obtained a valid title to the land in controversy. In support of his possession, he gave in evidence at the. trial the tax-sale certificate, to the reception of which exception was taken, for several Teasons, most of which are now urged in support of the assignments of error. It is said that the certificate is not evidence of title in the defendant, because it does not…

2Cases cited2 opinions

  1. Allen v. ArmstrongSupreme Court of Iowa · 1864
  2. Cooley v. O'ConnorSupreme Court of the United States · 1871

3Cited by42 opinions

  1. Van Brocklin v. TennesseeSupreme Court of the United States · 1886
  2. Springer v. United StatesSupreme Court of the United States · 1881
  3. Keely v. SandersSupreme Court of the United States · 1879
  4. Bank of Lemoore v. FulghamCalifornia Supreme Court · 1907
  5. Townsend Burns Ridgeway v. ReeseSupreme Court of Florida · 1930

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