Thomas v. United States
United States Court of Claims
The Reporters’ statement of the case: The only allegations in the claimant’s petition concerning her title or ownership to the captured property in suit are the following: “ That in the month of July, 1863, she was the owner and in possession of 112 bales of cotton at her residence on her plantation on Toketa Lake, seven miles from Yazoo City, in said county.
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The Reporters’ statement of the case: The only allegations in the claimant’s petition concerning her title or ownership to the captured property in suit are the following: “ That in the month of July, 1863, she was the owner and in possession of 112 bales of cotton at her residence on her plantation on Toketa Lake, seven miles from Yazoo City, in said county. That on the 16th day of July, 1863, the said cotton was seized and taken possession of by an officer and party of the forces of the United States.” The case having been referred to Eben Eveleth, esq., as special commissioner, the comm…
1Opinion of the CourtUott, J.
D must be borne in mind in all proceedings under the Abandoned or captured property Act that an action under that statute is a suit in equity against a specific fund partaking largely of the nature of a proceeding in rem. In an ordinary action A B brings his suit against O D, and seeks to hold him to a personal liability. In these captured property cases the suit is in effect an information against a fund which is in the possession of the defendants as trustees for whom it may concern. Whenever the fund vanishes, the liability of the defendants under this statute ceases and our jurisdiction…
2Cases cited2 opinions
- Baird v. United StatesSupreme Court of the United States · 1874
- Sykes v. United StatesUnited States Court of Claims · 1872
3Cited by4 opinions
- Thomas's administrator v. United StatesUnited States Court of Claims · 1879
- Askins v. United StatesUnited States Court of Claims · 1915
- Thomas's Administrator v. United StatesUnited States Court of Claims · 1883
- Thomas's administrator v. United StatesUnited States Court of Claims · 1879