Tyler v. Defrees
Supreme Court of the United States
" Error to the Supreme Court of the District of Columbia. This was an action of ejectment to recover certain real property in the city of Washington. The defendant pleaded title from a purchaser at a sale of the property under a judicial decree, made in proceedings instituted under the Confiscation Act of July 17th, 1862. It was conceded that the plaintiff had a good titlfe to the premises, unless that title had been divested by the sale under that decree.
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" Error to the Supreme Court of the District of Columbia. This was an action of ejectment to recover certain real property in the city of Washington. The defendant pleaded title from a purchaser at a sale of the property under a judicial decree, made in proceedings instituted under the Confiscation Act of July 17th, 1862. It was conceded that the plaintiff had a good titlfe to the premises, unless that title had been divested by the sale under that decree. The issue involved was, therefore, the validity of the decree. The provisions of the confiscation act just referred to, along with some…
1Opinion of the CourtJustice Miller
The question for our consideration is, whether the confiscation proceedings, as found in the special verdict, divested the title of the plaintiff in the lot ?
These proceedings do not come before us on a writ of error to correct any irregularities or mere errors of law in the court which rendered the judgment, but they come before us collaterally as the foundation of the defendant’s title.
According to the well-settled doctrine.in such cases, no error can be regarded here, or could have been considered in the court below on the trial, that does not go to the extent of showing a want of…
2Cited by12 opinions
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- United States v. VeonDistrict Court, E.D. California · 1982
- West v. Palmetto State Life InsuranceSupreme Court of South Carolina · 1943
- United States v. BlackDistrict Court, N.D. Illinois · 2007
- United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
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