Ferrell v. United States

Court of Claims

Ferrell v. United States

49 Ct. Cl. 222, 1914 U.S. Ct. Cl. LEXIS 309, 1914 WL 1403

CourtUnited States Court of Claims

DecidedJanuary 5, 1914

DocketNo. 30548

StatusPublished

Cited by11 cases

This text of 49 Ct. Cl. 222 (Ferrell v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferrell v. United States, 49 Ct. Cl. 222, 1914 U.S. Ct. Cl. LEXIS 309, 1914 WL 1403 (cc 1914).

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Opinion

Pee. Curiam:

The construction of the lock and impounding of the water submerged about 1 acre of land, and was a “taking” thereof by the defendants, Lynah’s case, 188 U. S., 445, 468. Its value was $100. The claimant owned the land at the time of the taking, but subsequently sold and conveyed his land to a third party, describing it in his deed to that party by metes and bounds, which included his remaining land, and that which had been submerged and taken as well. The claimant’s grantee is not before the court, and the question is whether the claimant, in view of his conveyance, can maintain his action for the taking by defendants prior to his con[224]*224veyance. Where the action is for the entire damages the suit should be brought in the name of the owner at the time of the taking and not by his grantee, Birmingham Belt R. R. Co. v. Lockwood, 150 Ala., 610; 2 Lewis, Em. Dom., 3d ed., sec. 949, as the deed did not assign the cause of action. However, we have refused to give judgment in this class of cases until a duly executed deed is filed sufficient to vest title to the premises in the United States, and duly approved by the Attorney General or. Treasury Department. A reasonable time will be given for compliance with this rule, and in the meantime judgment will be suspended and the cause remanded to the general docket, and it is so ordered.

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Pee. Curiam:

The construction of the lock and impounding of the water submerged about 1 acre of land, and was a “taking” thereof by the defendants, Lynah’s case, 188 U. S., 445, 468. Its value was $100. The claimant owned the land at the time of the taking, but subsequently sold and conveyed his land to a third party, describing it in his deed to that party by metes and bounds, which included his remaining land, and that which had been submerged and taken as well. The claimant’s grantee is not before the court, and the question is whether the claimant, in view of his conveyance, can maintain his action for the taking by defendants prior to his con[224]*224veyance. Where the action is for the entire damages the suit should be brought in the name of the owner at the time of the taking and not by his grantee, Birmingham Belt R. R. Co. v. Lockwood, 150 Ala., 610; 2 Lewis, Em. Dom., 3d ed., sec. 949, as the deed did not assign the cause of action. However, we have refused to give judgment in this class of cases until a duly executed deed is filed sufficient to vest title to the premises in the United States, and duly approved by the Attorney General or. Treasury Department. A reasonable time will be given for compliance with this rule, and in the meantime judgment will be suspended and the cause remanded to the general docket, and it is so ordered.

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Bluebook (online)

49 Ct. Cl. 222, 1914 U.S. Ct. Cl. LEXIS 309, 1914 WL 1403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrell-v-united-states-cc-1914.

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