Tracey v. . Corse
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of. defendant, entered upon an order denying motion for a new trial and directing judgment on a verdict. This was an action to recover possession of a barge named the “ Franklin.” Plaintiff claimed title under a sale by a United States collector of internal revenue.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of. defendant, entered upon an order denying motion for a new trial and directing judgment on a verdict. This was an action to recover possession of a barge named the “ Franklin.” Plaintiff claimed title under a sale by a United States collector of internal revenue. He gave in evidence a bill of sale to him, dated August 3, 1868, executed by Alexander Spaulding, collector of internal revenue. This recited that,"on the 2d day of June, 1868, he caused the barge to be seized, she being at…
1Opinion of the CourtAndrews, J.
The plaintiff claims title to the barge “ Franklin,” as purchaser at a sale at public auction, made in the city of New York, August 2, 1868, by one Alexander Spaulding, a collector of internal revenue, by whom the barge, in June previous, had been seized for an alleged forfeiture incurred under the internal revenue law of the United States, in that she was, at the time of the seizure, fitted up and used in the business of the illicit manufacture of spirits. The collector assumed to act, in making the sale, under the authority conferred by the forty-eighth section of the act of Congress…
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