Henry Billings Brown

“ A necessary inference from the position assumed by the claimants, that neither Dunnington nor his heirs retained any interest in the forfeited estate, nor any right to intervene in these proceedings, is that the government can obtain no title by condemnation to confiscated property during the life of the offender; that it can only condemn his life estate in the hands of the purchaser; and that, upon the termination of such estate, the heirs can recover the property, or at least compel the government to institute new proceedings for its condemnation. ”

“ Collard; that the estate forfeited is the life estate of the offender; and that the fee remains in him, but without the power of alienating it during his life, unless the disability be removed. The theory of the common law, that the fee can never be in abeyance, but must reside somewhere, though seemingly somewhat fanciful, is founded upon a consideration of good sense that there shall always be some one in existence to represent it in actions brought for its recovery, and to protect the interest of the heirs. ”

“ This court decided that the heirs had a right to redeem, holding, in effect, that, after the confiscation proceedings, the offender had no interest in the thing confiscated which he could convey, or any power over it which he could exercise in favor of another. It was thought that congress could not have intended to leave in the enemy a vested interest in the property which he might sell, and with the proceeds of which he might aid in carrying on the war against the government ”

“ When, by the appraisement of the commissioners, the price of the thing is fixed, that price stands in place of the thing appropriated, and represents all interests acquired. * * * But if, in any special case, this owner ought not, in equity, to receive the fund, the court of chancery will, at the instance of any interested complainant, take charge of its proper distribution, and so secure those particular equities which the generality of the statute has left without express protection.' In the case of Heirs of John Van Vorst, 2 N. J. Eq. ”

“ We are therefore of opinion that the condemnation in this case operated upon the fee as well as upon the life estate, and, as the presumption is that due and legal notice was given of the proceedings, the appraisement was valid and binding upon Dunnington and his heirs. ”

“ The action of the city authorities has thus the distinctive quality of a proceeding in rem, a taking, not of the rights of designated persons in the thing needed, but of the thing itself, with a general monition to all persons having claims in the thing. ”