Spencer v. United States

Supreme Court of the United States July 1, 1876

Spencer v. United States, 11 Ct. Cl. 461 (1876)

8 Ct. Cl. 288

Opinion of the Court

Mr. Chief-Justice Waite

delivered the opinion of the court:

In this case the Court. of Claims has certified here, in answer to inquiries from us, 1, that the cotton in question did not come into the hands of any agent of the United States as abandoned or captured property, and was not sold as such; and 2, that the proceeds of the sale were not paid into the Treasury of the United States.

Upon this state of facts the judgment of the court below was clearly right. It is certain that no suit can be maintained against the United States under the Abandoned and Gaptured ■property Aot, if the property has neither been captured, seized, nor sold pursuant to its provisions, and the proceeds are not in the Treasury.

The judgment of the Court of Claims is affirmed.

Reference

Full Case Name: Horatio N. Spencer v. United States
Status: Published
Syllabus: Cotton shipped to Memphis by a private party is seized by a Treasury agent, not as captured or abandoned property but to protect the interest thwein of the slaves who made the crop. The cotton is sold by the agent, and the proceeds paid over to persons claiming to be the owners. The true owner brings suit under the Abandoned or captured property Act for the proceeds, which have never reached the Treasury. The court below decides that the Government is not liable for the illegal acts of the Treasury agent. Judgment for the defendants. The claimant appeals. No suit can be maintained under the Abandoned or captured property Act if the property was neither captured, seized, nor sold pursuant to its provisions, and the proceeds thereof are not in the Treasury. Hence, where Treasury agents seized certain cotton, not as captured or abandoned, but to protect the interests of the slaves who made the crop, and sold it, paying the proceeds to one who was not the owner, the true owner cannot maintain a suit against the Government for .the proceeds, under the act.