United States v. Tract of Land
This text of 28 F. Cas. 203 (United States v. Tract of Land) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the Southern District of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The land In question in the cause was seized for confiscation under the acts of August 6, 1S61 (12 Stat. 319), and July 17, 1862 (12 Stat. 5S9). The information alleges that it had been conveyed to the Confederate States government for the purpose of aiding the insurrection. If this were the case, it became the property of the United States government by right of conquest, ipso facto; that government succeeding to all the property held by the Confederate States government. The United States needed no proceedings for confiscation or forfeiture. They had plenary title and right of possession, if not actual possession, without any such proceedings. It cannot be presumed that- congress intended to authorize a proceeding to forfeit or confiscate the government’s own property, and divide the proceeds with the informer. Such a proceeding must be regarded as supererogatory and void.
The judgment is reversed.
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Cite This Page — Counsel Stack
28 F. Cas. 203, 1 Woods 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tract-of-land-circtsdga-1871.