Legal Opinion

Woodruff v. United States

United States Court of Claims

Decided December 15, 1871PublishedCited by 4 opinions

In "the case of Julia A. Nutt, executrix, Messrs. Brent and Crittenden, of record, and Mr. R. T. Merrielc, of counsel. In the case of Mary Ann Wells, executrix, and others, children of J. K. Elgee, Messrs. Sullivan, Billings and Hughes, of New Orleans, and Messrs. Simons and Nutt, of New Orleans, attorneys of record, and Messrs. Carlisle and McPherson, of Washington, of counsel.

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In "the case of Julia A. Nutt, executrix, Messrs. Brent and Crittenden, of record, and Mr. R. T. Merrielc, of counsel. In the case of Mary Ann Wells, executrix, and others, children of J. K. Elgee, Messrs. Sullivan, Billings and Hughes, of New Orleans, and Messrs. Simons and Nutt, of New Orleans, attorneys of record, and Messrs. Carlisle and McPherson, of Washington, of counsel. The cases were ably argued by the learned counsel of the respective claimants, and of the defendants. Mr. Brent’s Argument in support of Mrs. Nutt’s rights was his best effort at the bar. Sooa after closing his…

1Opinion of the Court

Lorino. J.,

delivered tbe opinion of the court:

The third section of the act of 12th March, 1803, entitles a claimant of captured and abandoned property to recover, oh proof of his “ ownership? and his * right to the proceeds.”

These words, 11 ownership” and 11 right to the proceeds,” are not technical words, and in their ordinary meaning they include all'property and rights of property which may be available for pecuniary benefit. And it is manifest that ownership or property may exist in one person and rights in it in another, both at common law and in equity; for a vendee may have the right…

2Cases cited1 opinion

  1. People v. LohmanNew York Supreme Court · 1848

3Cited by4 opinions

  1. Rice v. United StatesSupreme Court of the United States · 1887
  2. Blewett v. United StatesUnited States Court of Claims · 1874
  3. Gallegos v. United StatesUnited States Court of Claims · 1903
  4. Skelly v. United StatesUnited States Court of Claims · 1897

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