Carroll v. United States
Supreme Court of the United States
Appeal from the Court of Claims; the case being thus: The act of March 12th, 1863, “ to provide for the collection of abandoned property in insurrectionary districts within the United States,” enacts that: “ Any person claiming to have been the owner of any such abandoned or captured property may, at any time within two years after the suppression of the rebellion, prefer his claims to the proceeds thereof in the Court of Claims; and'on proof to the satisfaction of said…
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Appeal from the Court of Claims; the case being thus: The act of March 12th, 1863, “ to provide for the collection of abandoned property in insurrectionary districts within the United States,” enacts that: “ Any person claiming to have been the owner of any such abandoned or captured property may, at any time within two years after the suppression of the rebellion, prefer his claims to the proceeds thereof in the Court of Claims; and'on proof to the satisfaction of said court of his ownership of said property, of his right to the proceeds thereof, and that he has never given any aid or…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
We think that the Court of Claims erred in the decision given by it. The statute of March 12th, 1863, makes the right to recover depend on proof of ownership of the abandoned or captured property, of right to the proceeds, and of the fact that the owner gave no aid or comfort to the rebellion. It is plain to us that the ownership to be proved was that which existed at the time of capture or abandonment, and that the right to the proceeds was that which existed atr' the time of the petition filed in the Court of Claims. These titles, in their…
2Cited by13 opinions
- United States v. GillisSupreme Court of the United States · 1877
- Cordero v. United StatesDistrict Court, S.D. New York · 1953
- Burke v. United StatesUnited States Court of Claims · 1877
- Hamner v. United StatesUnited States Court of Claims · 1877
- Lincoln v. United StatesUnited States Court of Claims · 1915
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