
    Aseriah Mims, Administrator, v. The United States.
    
      On the Proofs.
    
    
      The claimant, as administrator, brings suit under the Act Marh 12, 1863, (12 Stat. L., p. 820,) for the net proceeds of two bales of cotton seized at Atlanta, and the proceeds paid into-the Treasury. Tie proves the ownei’ship and loyalty of his intestate.
    
    It is sufficient for an administrator to prove the ownership, and loyalty of his intestate to enable him to recover the net proceeds of cotton belonging to his intestate, and paid into the Treasury. See Aubert's Case, (3 C. Cls. K., p. 84.)
    
      
      Messrs. Hughes, Denver <& Deals, for claimant:
    The claimant in this case is the administrator of Jacob Red-wine, deceased, and brings action to recover the proceeds of two bales of cotton, weighing 695 pounds, belonging to his decedent, seized, with cotton belonging to many other persons, shortly after the occupation of Atlanta by the military forces of the United States.
    The ownership of the cotton by Mr. Red wine, its seizure by the United States, and the loyalty of the owner and of the administrator, being proved, it is respectfully requested that the judgment of this honorable court be given in favor of the claimant, for the proceeds claimed in accordance with the returns furnished by the Treasury Department in the Atlanta cases.
    • Mr. R. 8. Hale, special counsel of the Treasury, for the defendants:
    The three sons of the intestate who were actually in service in the rebel army, two of them as officers, one a captain, are presumptively the parties in interest in this suit. It does not appear that there are any other parties entitled to share in the recovery if one shall be had here, either as distributees, creditors, or otherwise. The suit therefore stands in the name of claimant as naked trustee for these three rebel soldiers and officers. It is submitted that the statute authorizes no recovery on behalf of such parties through a trustee any more than in their own names.
   Per Curiam:

This is a claim preferred under the 3d section of the act of March 12,1863, for the net proceeds of two bales of cotton. He proves his intestate was the owner, entitled to the proceeds, and never gave aid or comfort to the rebellion or to persons engaged therein, but did during said rebeUioh consistently adhere to the United States. The net proceeds amount to the sum of seven hundred and nineteen dollars and eighty-eight cents, and for this sum we enter judgment in favor of the claimant.  