The New York herald., 1872-12-07
UNITED STATES SUPREME COURT
Old and New Virginia's Territorial
Rights-A Question Growing Out Of
the Blockade of the Mississippi-The
Case Of the Bark John Griffin.

WASHINGTON Dec. 9, 1872.
No. l. Shuttle vs. Thompson ct ai.-Error to
the Circuit Court for West Virginia. is an
action OF ejectment to recover certain lands lying
in the State OF West Virginia. but which
we're in lsJO while within the uris-
diction of the Old Commonwealth, sold
for delinquent taxes, and the question
is whether the title of the owner, II forfeited by
non-payment OF taxes, was transferred to the
purchaser in the proceedings to collect the taxes
against the property The only points involved
are under the laws Of the state applicable to such
cases, which we've held below to have vested the
title in the purchaser under whom the defendants
in error claim. j. ;. Holman for plaintin in error,
Il. Ii. Smith for defendants
No. IL. Marshallvs Mayor of vicksburg Appeal
rom the Circuit Court for the Southern District OF
Mississippi-This bill was fled to set aside deed
made by the appellant to the city of Vicksburg OF
certain property in that city, on the ground that 1t
was without consideration. 1t was alleged that the
city agre TO surrender its title TO certain prop
erty in controversy in consideration OF this con-
veyance, and that the property conveyed was to be
used as public wharf Marshall TO have the rents
and profits for the term of ten years. The main
question was whether the city had iailed to per-
form It's stpul1tons under the contract, which the
claimant alleged, ayerrng that the city had
not paid over the rents and profits as agreed, but
had collected wharfage under the name OF ''landng
fees,n which 1T denied the comDlanants' title 10.
The answer set upa reserved right OF the city to
collect landing fee, and pleaded the blockade es-
tabshed by the as the reason Of the failure to
pay the wharfage demanded. The decree was for the
city, and the marshal here insists that II Is founded
in error, and against the evidence and that tho
term Of the blockade shall be deducted from tho
ten years receipts accrung to him. Carlisle and
MCPHERSON for appelants Philips and COrwne
for appellees.
No. a. The United States vs. The Bark John
Grifin-Appea from the Circuit Court ior the
Southern district OF New York. k.--This wos an in
formation for the enforcement OF forfeiture
against the bark Tor the alleged smuggling or cer-
tain cigars into the port Of New York IN the Fan
OF 1868. The government did not have direct testi-
mony to prove the charge, but from the fact that
the snip discharged her cargo in the night without
permit, coming from Matanzas, and that the cigars
seized had "Matanzosn branded upon them,
and fTom other circumstances, among which
was a letter from one OF the claimants
OF the bark to the owner of the cigars
referring In q mysterious way TO certain
boxes for him on board "all right the District
Court condemned the bark The Circuit Court re-
versed the decree, holding that the evidence was
insufficient. The government maintains here that
there was probable cause Tor the seizure and tnat
the burden OF proof is on the implicated parties;
and that In such case, II the IL not explained
for the claimants. condemnation will follow on
the other hand, II IL said that in any the gov
crnment Is bound to show afilfmatively that the
cigars were brought by the Grinin, but IT was
shown below that the goods were not brought into
port nv that bark. c. ii. Hill for government; o.
DOnuhue Tor claimant.