Claims of Marcuard

Supreme Court of the United States
Claims of Marcuard, 87 U.S. 114 (1874)
22 L. Ed. 327; 20 Wall. 114; 1873 U.S. LEXIS 1491

Claims of Marcuard

Opinion

*115 Mr. Justice STRONG

delivered the opinion of the court.

The parties now before us complain that they were not allowed to take the proceeds of the sales. But they ought' not to have been allowed to intervene. They had no interest, even if they were lien holders, in the confiscation proceedings. It was only the right of John Slidell, whatever that fight was, that could be condemned and sold, and the sale under the judgment of condemnation in no degree disturbed their liens. . By the decree of condemnation the United States succeeded to the position of Slidell, and the sale had no other purpose or effect than to make the thing confiscated available for the uses designated by the Confiscation Act. This was decided in Bigelow v. Forrest, * and more recently in Day v.. Micou The District Court, therefore, acted correctly in rejecting the claims of the appellants and plaintiffs in error, even if. the reasons given for the rejection wore insufficient, and the Circuit Court was not in error in affirming what the District Court did.

The action of the Circuit Court in the premises'is, therefore,

Affirmed in each of the oases.

Mr. Justice BRADLEY did not sit during the argument, and took no part in the decision of any of the above causes.
*

9 Wallace, 339.

18 Id. 1S6.

Reference

Full Case Name
Claims of Marcuard Et Al.
Cited By
2 cases
Status
Published
Syllabus
Holders of liens against real estate sold under the Confiscation Act of July 17th, 1862, should pot he permitted to intervene in any proceedings for the. confiscation. Their liens will not, in any event, be divested.