The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-12
supreme Court OF Appeals.

supreme COHFt OF Appears.
IMPORTANT DECISIONS YEsTERDAY-Tw0 IN
TEREsTING COsFIsCATrON CAsEs--JUDGE UN-
pERWooD UNDER REVIEW AGAIN-THE con-
rEDERAcT DE FACTo GOVERNMENT.
Intle Supreme Court of Appeals yester-
day. in the case of Fairfax Us. The City OF
Alexandria, the decision of the lower
court was reversed. In the year 1862
proceedings were instituted in the
United States District Court in Alex
andria to contiscate certain certificates
of indebtedness issued by that city to DR..
Orlando Fairfax, resident OF the city
of Richmond. Such proceedings were had
that Judge Underwood rendered decree
confscating the debt and directing the sale
OF the same. Thereupon the city OF Alex
andria issued certificates OF indebtedness to
the purchasers at this sale.
After the war was over DR.. Fairfax instl-
tutcd his suit in the Circuit Court OF Alex
andria for the recovery of the amount due
him by that city. In its defence the city
relied upon the decree of contiscation and
the sale as divesting the title OF DR.. Fairfax
to the debt in question, and investing it IN
the purchaser. The Circuit Court rendered
Judgment in favor Of the city against DIR.
Fairfax. Upon an appeal by the latter to
the Supreme Court OF Appeals for this State
that Court reversed the judgment OF the
Circuit Court OF Alexandria. The Sill
preme Court held that the decree Of confis-
cation was null and void upon two grounds:
1st That the proper preliminary proceedings
had not been instituted anda proper seizure
OF the debt had not been made to warrant n
decree of confscation; second, that DR..
Fairfax was prohibited by the Judge Of the
District Court Of the United States from ap-
pearing in that court and contesting his liz
bilty to any such decree, Judge Under
wood having declared that "no rebel or
traitor" should be permitted to appear in
his court. The Supreme Court held that
decree rendered under such circumstances
was utterly null and void for any purpose.
The amount in controversy was about Sl5,-
600. Judge Moncure delivered the opinion
OF the court.
Richmond and Petersburg Railroad Com
pany Us. Leslie and others. In the year
1862 the Distric: Court OF the Confederate
States rendered decree conliscating $50
shares of stock in the Richmond and Pc
tersburg Railroad Company belonging to
residents of the northern States, and as
such alien enemies. Under that decree q
sale was made, and the stock was purchased
by various citizens Of the city Of Richmond
purchasers by the railroad company. After
stockholders, whose stock had been
confscated, applied to the railroad
company to be reinstated as such in the
company, which request was complied with
by the latter. In the year III or '72 the
company filed its bill in the Circuit Court
OF Richmond against the parties who had
purchased the stock under the decree OF the
District Court Of the Confederate States, al
leging that they had acquired no title by
their purchase, that the decree OF confisca-
tion was null and void, and by the results
of the war all the laws OF the Confederate
States were abrogated, and all rights acquired
Hereunder destroyed. There was no
question as to the regularity OF the proceed
ings under the decree Of contiScation. The
only question was, Whether valid title
could be acquired under any such decree? !?
The Supreme Court decided-Judge Sta
plies delivering the opinion-that the Gov
crnment of the Confederate States was GER
tainly Government de tacto, il not de
| lure, and while it was in force it exercised
all the powers and attributes OF complete
sovereignty, and titles and rights bona Jlde
acquired under its laws and authority could
not be impeached or invalidatcd because
that Government had been since destroyed.
Affirmed.
Both these confscation cases will in all
likelihood be carried to the Supreme Court
OF the United States.
Lucado rs. Tutwater. From the Chancery
Court of the city Of Richmond. Affirmed,
Judge Christian delivering the opinion OF
the court.
Donaldson Us. Latham, &c. From the
Circuit Court OF the city OF Lynchburg.
Affirmed, Judge Anderson delivering the
opinion of the court.
Elicit, &c., Us. Robinson, SC. Motion to
require new bond decreed.
Andrews, Ordway d Green Us. Taylor,
auditor. Partly argured by F. w. Chris
tian, Esq, for the plaintiff in error, and
continued till to-day.