Graham v. United States
United States Court of Claims
The Reporters’ statement of the case: As appears by the opinion of the court, the sale took place during the life of the testator, and the claim,-under numerous decisions, passed to the executor. The controversy "concerning the testator’s title was one of fact.
1Opinion of the Court
Bichardson, Oh. J.,
delivered the opinion of the court:
The claimant brings this action to recover the surplus of money in the Treasury arising from the sale of lands of her tes-, tator in South Carolina under the direct-tax laws.
The sale took place and the surplus accrued while the testator was alive, and so upon his death passed to his executrix, the present claimant, who has made demand for the same at the Treasury without success. (Chaplin’s Case, 19 C. Cls. R., 424; Thompson’s Case, 20 id., 276.)
At the trial the principal controversy was upon the question of title, and that has been…
2Cases cited4 opinions
- United States v. TaylorSupreme Court of the United States · 1881
- Taylor's v. United StatesUnited States Court of Claims · 1878
- White v. United StatesUnited States Court of Claims · 1884
- Chaplin v. United StatesUnited States Court of Claims · 1884