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Confiscation Cases, The U.S. 92 (1874)

handle is hein.slavery/ussccases0474 and id is 1 raw text is: THE CONFISCATION OASES.

Syllabus.
of particular parties before the transaction between White
and Chiles and the military board, and taking others, again,
that came from tile State of Texas, and then drawing my con-
clu'sions as to what zwere IV/dle and Chiles's bonds.
With these admissions before us it is sufficient to remark
that his testimbny is clearly incompetent.*  And, if not so,
it would be iisufficient to maintain, in behalf of the com-
plainant, the issue between the parties. The same remarks
are applicable to the testimony of Judge Paschal. So far as
it affects this case it is liable to the same objections. He
says, among other thitngs:  I was employed by Governor
Pease to prosecute this suit, and caused it to be instituted
in 1868; and judging from a careful examination made in
Texas, and in the Treasury Department here, I feel confident
,that the bonds redeemed for the bank, described by Mr.
Taylor, were a part of t'he bonds which passed through the
hands of White and Chiles, and I judge this from the cir-
cumstances which he has stated.    This is mere opinion,
founded upon data not disclosed and in part upon the opinion
of-another witness. Further remarks up6n the subject are
unnecessary. There are other detects in the evidence for
the complainant, but it is unnecessary to advert to them.
Altogether it fails wholly to sustain the case made by the
bill. The decree of the court below is, in my opinion, prop-.
erly reversed.
THE CONFISCATION OASES.
[SLIDELL's LAND.]
1. An information in ?-em under the fifth, sixth, and seventh sections of the
Confiscation Act of July 17th; 1862, for the confiscation of 'the real
estate of a person falling within the provisions of those sections-such
information not being in any sense a criminal proceeding-is not, after
default made and entered, and after a final judgment of  ondemnation,
to be held fatally defective because it has averred that the property
* Armstrong v. Boylan, 1 Southard, 76; Morehouse v. Mathews, 2 Corn-
stock, 514.

[Sup. Ct.

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