United States v. Anderson

Anderson, 76 U.S. at 56 (1870) · Supreme Court of the United States · February 28, 1870

Summary

The Supreme Court construed the Captured and Abandoned Property Act and related legislation governing claims by loyal owners for proceeds from property seized during the Civil War. The Court held that a loyal purchaser could recover despite purchasing from persons presumed disloyal, that the vendors were competent witnesses, and that the claim was timely when filed within two years after August 20, 1866, the date the rebellion was deemed suppressed for purposes of the statute. The judgment of the Court of Claims was affirmed.

Holdings

  1. A claimant seeking proceeds under the Captured and Abandoned Property Act need prove his own loyalty and ownership, but need not prove the loyalty of the vendors from whom he acquired the property in good faith for value.
  2. The vendors were competent witnesses because they were not interested in the suit and Anderson did not derive his claim against the United States through them.
  3. For claims protected by the Captured and Abandoned Property Act, the rebellion was deemed suppressed on August 20, 1866, the date of the President's proclamation declaring the insurrection at an end throughout the United States and the date adopted by Congress for related purposes.
  4. The Court of Claims was authorized to enter judgment for the specific amount of proceeds proved to be due to the claimant.

Questions Presented

  1. Whether a loyal claimant under the Captured and Abandoned Property Act must prove that the persons from whom he purchased the property were also loyal.
  2. Whether the claimant's vendors were incompetent witnesses under section 4 of the June 25, 1868, Act.
  3. Whether Anderson's claim was barred by the Act's requirement that claims be filed within two years after suppression of the rebellion.
  4. Whether the Court of Claims could enter judgment for a specific sum rather than merely determine entitlement to the proceeds.

Disposition

affirmed

Cases Cited (1)

  • McKee v. United States, 8 Wall. 163(distinguished)

Cited In (0)

No citing cases on record yet.

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