Legal Opinion

Wallach v. Van Riswick

Supreme Court of the United States

Decided January 10, 1876No. 62PublishedCited by 27 opinions

The complainants are children and heirs-at-law of Charles S. Wallach, who was an officer in the Confederate army during the late rebellion. While he was thus in that service, his real estate situate in the city of Washington was, by order of the President, seized under the Confiscation Act of July 17, 1862, and a libel for its condemnation duly filed.

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The complainants are children and heirs-at-law of Charles S. Wallach, who was an officer in the Confederate army during the late rebellion. While he was thus in that service, his real estate situate in the city of Washington was, by order of the President, seized under the Confiscation Act of July 17, 1862, and a libel for its condemnation duly filed. The lot of ground, respecting which the present controversy exists, was condemned as forfeited to the United States on the twenty-ninth day of July, 1863; and, on the ninth day of September next following, it was sold under a writ of venditioni…

1Opinion of the CourtJustice Strong

The formal objections to the bill deserve but a passing notice. It is not, we think, multifarious; and all persons are made parties to it who can be concluded or affected by any decree that may be made, — all persons who have an interest in the subject-matter of the controversy. The main question raised by the demurrer, and that which has been principally argued, is, whether, after an adjudicated forfeiture and sale of an enemy’s land under the Confiscation Act of Congress of July 17, 1862, and the joint resolution of even date therewith, there is left in him any interest which he can convey…

2Cases cited3 opinions

  1. Miller v. United StatesSupreme Court of the United States · 1871
  2. Bigelow v. ForrestSupreme Court of the United States · 1870
  3. Semmes v. United StatesSupreme Court of the United States · 1875

3Cited by27 opinions

  1. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  2. United States v. DunningtonSupreme Court of the United States · 1892
  3. United States v. GrandeCourt of Appeals for the Fourth Circuit · 1980
  4. Jenkins v. CollardSupreme Court of the United States · 1892
  5. Illinois Central Railroad v. BosworthSupreme Court of the United States · 1890

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