Conrad's Lots

Supreme Court of the United States May 18, 1874

Conrad's Lots, 87 U.S. 115 (1874)

22 L. Ed. 328; 20 Wall. 115; 1873 U.S. LEXIS 1492

Opinion

Mr. Justice STRONG

delivered the opinion of the court.

Wo have just decided in the case of the United States v. Ten Lots of Ground, the property of C. M. Conrad (it being a. writ of error sued-out by the United States), that the -judgment of the Circuit Court was erroneous, and reversed it, ordering that the decree of confiscation be- affirmed. This leaves nothing upon which the present writ of error can act. The judgment having been reversed, the order of confirmation of the sale, as well as tho.ordcr of distribution, fall with it. We can,-therefore, only repeat the judgment given in the former case, which was a judgment of reversal.

Judgment reversed.'-

*117 Justices CLIFFORD, DAVIS, and FIELD dissented from the judgment rendered, and wore of opinion that only so much of the judgment of the Circuit Court should bo reversed as confirmed the sale made under the decree of the District Coart.

Reference

Full Case Name: Conrad’s Lots
Status: Published
Syllabus: ■When, under the Confiscation Act of July 1.7th, 1862, an information has been filed in the District Court and a decree of condemnation and sale of the land seized been made, and the -money has been paid into the registry of the court, and on error to the Circuit Court, that court, reversing the decree, has dismissed the information but confirmed the sale, and ordered the proceeds to be paid to the owner of the land — if on error by the United States to this court, this court reverse the decree of the Circuit Court, and affirm the decree of the District Court, that reversal will leave nothing ón which a writ of error by the owner can act. The judgment having been reversed, the confirmation of the sale and order to pay the proceeds fall. The only judgment can be reversal again.