Eaton v. Sanders

Opinion op the Court by

Judge Robertson :

While it might be doubtful whether the horse sued for was, by capture by the victorious Federal force, a spoil of the General Government or was the property of the finder until the true owner came, yet the sabre found on the field of battle must be presumed to have been taken by conquest.

Scott, for appellant.

But, however all this may be, the award cleared this litigation.

The submission to arbitrators not named but to be chosen by the parties was valid and binding; and the record shows who were chosen arbitrators and umpire; that they were all sworn;…