Legal Opinion

Benton v. United States

United States Court of Claims

Decided December 15, 1869PublishedCited by 1 opinion

This case comes before the court by an original petition, filed on the 24th day of April, 18G8. Claimants ask for restitution of the proceeds of 171 bales of cotton, in pursuance of section third of the act of March 12,1863. They owned, at the-breaking out of the rebellion, a plantation near the small town of Lake Providence, in Louisiana, and on it raised a crop of cotton in the year 1862. Some of this cotton was burned by Confederate authority, but 171 bales were saved by…

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This case comes before the court by an original petition, filed on the 24th day of April, 18G8. Claimants ask for restitution of the proceeds of 171 bales of cotton, in pursuance of section third of the act of March 12,1863. They owned, at the-breaking out of the rebellion, a plantation near the small town of Lake Providence, in Louisiana, and on it raised a crop of cotton in the year 1862. Some of this cotton was burned by Confederate authority, but 171 bales were saved by being secreted in the cane or thickets back of the plantation. Early in 1863, the Union forces landed and encamped at…

1Opinion of the CourtMilligan, J.

This is an action brought under the “Abandoned and, captured property acts,” to recover the net proceeds of 178 bales of cotton, alleged to. have been seized on the plantation near Lake Providence, in Louisiana.

*695The action was originally brought in the name of Warren M. Benton, and his wife, Mrs. Benton, and shortly before the .argument of the cause, the claimants, by their attorney, moved the court to strike out the name of Mrs Benton, which motion, together with the cause on its merits, was submitted to the court for decision on the hearing.

Under the rules of strict technical pleading, it is…

2Cited by1 opinion

  1. Havens v. United StatesUnited States Court of Claims · 1924

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