Pharis v. United States
United States Court of Claims
The Reporters’ statement of the case: The claimant in this case put in evidence certain military regulations relating to the sale of personal property which had been seized by provost marshals in the district of Southwest Missouri.
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The Reporters’ statement of the case: The claimant in this case put in evidence certain military regulations relating to the sale of personal property which had been seized by provost marshals in the district of Southwest Missouri. He also showed that this property was sold at public auction by the officer in whose custody it was pursuant to orders from the commanding officer of the district; that he paid the purchase money to the officer; that an action of replevin was subsequently brought, which he defended in good faith, but in which the property was recovered from him, upon the ground…
1Opinion of the CourtNott, J.
This action is brought on an implied warranty of title, arising out of the sale of personal property to the claimant by an officer of the Quartermaster Department. The material facts are these.
On the 13th March, 1865, the commanding officer of the military District of Southwest Missouri by a general order directed all commissaries and quartermasters throughout the district “ to sell such property not suitable for use or issue as may have been, or may hereafter be, turned over to them by the officers of the provost-marshal’s department.” The sales were to be public, ujmn notice “ to be given…
2Cases cited2 opinions
- Johnson's v. United StatesUnited States Court of Claims · 1878
- Ross v. United StatesUnited States Court of Claims · 1876
3Cited by3 opinions
- Tecom, Inc. v. United StatesUnited States Court of Federal Claims · 2005
- Wittkamp v. United StatesDistrict Court, E.D. Michigan · 1972
- Cartas v. United StatesUnited States Court of Claims · 1913