Avery v. United States
Supreme Court of the United States
Error' to the Circuit Court for the District of West Tennessee. Avery owning a warehouse in Memphis, Tennessee, had become surety for the postmaster there appointed before'the rebellion.
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Error' to the Circuit Court for the District of West Tennessee. Avery owning a warehouse in Memphis, Tennessee, had become surety for the postmaster there appointed before'the rebellion. During the war and after the government troops had driven the insurgents from Memphis, and were themselves in military occupation of the place, the treasury agents of the United States taking possession of the house (under the act of Congress, as was stated in the brief of Avery’s counsel, relating to captured and abandoned property), leased it to one Ford, who occupied it from September, 1862, till the same…
1Opinion of the Court
Mr. Justice I)AVIS
delivered the opinion of the court.
Conceding, for the purposes of this suit, that the order of the Circuit Court in the premises is a final judgment, within the meaning of the 22d section of the Judiciary A.ct, to review which a writ of error will lie, did the court err in the disposition it made of the ease?
The lease of the house was authorized, if the owner of the property was voluntarily absent from it and engaged in the .rebellion, and, as the Federal military forces during the term of the lease occupied Memphis, it is fairly to be inferred that Avery had abandoned his…
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