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United States, Lyon et al. v. Huckabee U.S. 414 (1873)

handle is hein.slavery/ussccases0483 and id is 1 raw text is: 414    UNITED STATES, LYON ET AL. V. HUCKABEE.          [Sup. Ct.
Statement of the case.
UNITED STATES, LYON ET AL. V. HUeKABEE.
1. *Where, under the Confiscation Act of August 6th, 1861, after a libel show-
ing a case within the act, an amendid libel sets out a case which shows
that there can be no confiscation under the act, both libel and amended
libel should be dismissed.
2 The process prescribed by the Confiscation Acts cannot, by the union of
certain claimants of land proceeded against, with the United States,
otherwise than as informers, be made the means by which the conflict-
ing titles to the land, between such person and other claimants, shall be
settled.
8. Where land was sold to the so-called  Confederate States  during the
rebellion, and was captured by the United States, it became on the ex-
tinction of the Confederacy, and without further proceeding, the prop-
erty of the United States, and could be properly sold by them.
4. Such sale rendered any proceeding against the persons who owned the
land prior to sale to the  Confederate States, wholly improper.
5. Where the agents of the said Confederacy came to persons owning iron
works, and informed them that they must either contract to furnish
iron at a uniform price, or lease or sell the works to the Confederacy or
that they would be impressed, and the owners-then much in debt-
after consultation-the works being already in charge of a guard from
the Confederacy, which possessed despotic power over skilful laborers-
considering that to I IcontractI would cause a failure of their scheme,
and to lease would be ruinous, resolved to sell; Held, that such a sale
was not made under duress.
6. Where a subordinate court, which had no jurisdiction in the case, has given
judgment for the plaintiff or defendant, or improperly decreed affirma-
tive relief to a claimant, an appellate court must reverse. It is not
enough to dismiss the suit.
ERROR to the Circuit Court for the Middle District of
Alabama; the case being thus:
In the year 1862, soon after the outbreak of the late rebel-
lion, one C. C. Huckabee and three other persons, formed
under the general laws of Alabama a corporation called
The Bibb County Iron Company; iluckabee being presi-
dent, and the other corporators, directors; and, with him,
the only stockholders. As the name of the corporation in-
dicates, its object was the working in iron; its particular
machinery being such as made it capable of manufacturing
cannon, and other munitions of war. Rolling-mills were
erected, and lands, slaves, and mules bought.

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