Brown v. Kennedy
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Kansas; the case being thus: An act of Congress of July 17th, 1862, “ to seize and confiscate the property of rebels,” provided, that if aiiy persons in the then rebel States being engaged in armed rebellion against the government of the United States, or aiding or abetting such rebellion, shall not, within a time specified, cease to aid, countenance, and abet such rebellion, and return to his allegiance to…
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Error to the Circuit Court of the United States for the District of Kansas; the case being thus: An act of Congress of July 17th, 1862, “ to seize and confiscate the property of rebels,” provided, that if aiiy persons in the then rebel States being engaged in armed rebellion against the government of the United States, or aiding or abetting such rebellion, shall not, within a time specified, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, “all the estate, property, money, stocks, and credits of such persons, shall be liable to seizure as…
1Opinion of the CourtJustice Strong
The bill was for the. foreclosure of a mortgage, and the principal defence set up is that the mortgage and the debt secured by it had been confiscated under the act of Congress of July 17th, 1862. If it had been, the complainant was not entitled to a decree of foreclosure, and his bill was properly dismissed.
We are unable to perceive why the record of the proceeding in the District Court of the United States for the District of Kansas, on which the defendant chiefly relied, does not show an effective confiscation of the debt, and its forfeiture to the United States, as well as satisfaction…
2Cited by6 opinions
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Schneider & Davis v. Ferguson & SonTexas Supreme Court · 1890
- Kirtland v. HotchkissSupreme Court of Connecticut · 1875
- Frank Parmelee Co. v. Ætna Life Ins.Court of Appeals for the Seventh Circuit · 1908
- United States v. McHieDistrict Court, N.D. Illinois · 1912
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