Elliott v. United States

164 U. S. 373
Decided Supreme Court of the United States
Disposition
Decided
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Court
Court of Claims
Decided
Judge
Mr. Justice Shiras
Posture
Judgment for claimants in the Court of Claims on May 8, 1893.
Defendant (1)
The United States
v.
Plaintiff (1)
Alfred H. Elliott et al.
Claimants (surviving children of T. E. S. Elliott)

Overview

The decision of the court below is affirmed.

Case summary

The Supreme Court affirmed the Court of Claims' judgment in favor of the remaindermen of a property sold for taxes during the Civil War. The Court held that because the claimants were the rightful owners of the remainder interest, did not participate in the tax sale redemption/repurchase, and were not legally bound by the actions of the life tenant who had adhered to the rebellion, they were entitled to the benefits of the remediable statute of 1891.

Abstract

The Supreme Court affirmed judgment for remaindermen whose property was sold for taxes during the Civil War. The remaindermen, as rightful owners of the remainder interest, did not participate in the tax sale redemption or repurchase and were not bound by the life tenant's actions during the rebellion. They were thus entitled to benefits under the remediable statute of 1891.

Opinion of the court

Majority
opinion
Mr. Justice Shiras
  • Claimants were owners of the remainder in fee.
  • Claimants did not purchase or redeem the land.
  • Claimants are not held by any necessary intendment of law to have been represented by the actual purchaser (the life tenant).

Procedural posture

Posture at trial
Judgment for claimants in the Court of Claims on May 8, 1893.
Posture on appeal
Direct appeal by the United States from the Court of Claims.

Legal categories

Estate Planning and Real Estate

Case record

Full case name
Alfred H. Elliott et al. v. The United States
Docket number
164 U. S. 373
Court
Supreme Court of the United States
Trial court
Court of Claims
Decided
Opinion author
Mr. Justice Shiras
Opinion type
published
Precedential status
binding
Judges on panel
Shiras

Issues & holdings

Holdings of the court

Whether the remaindermen (claimants) are entitled to recover under the remediable statute of 1891 when the life tenant repurchased the property.
The claimants are entitled to recover.
The claimants were the owners of the remainder in fee, they did not purchase or redeem the land themselves, and they were not legally represented by the life tenant's purchase, thus qualifying them for relief under the statute of 1891.
non-binding

Timeline

No timeline recorded.

Facts & evidence

Incident

Date
Location
Beaufort, South Carolina

Key facts

6 facts
  1. Block 91 in Beaufort was sold by the United States direct tax commissioner to satisfy a tax assessment.
  2. The property was bid in by the United States.
  3. T. E. S. Elliott held a life estate in the property, with the claimants (his children) holding the remainder in fee.
  4. T. E. S. Elliott adhered to the rebellion during the Civil War.
  5. The property was later resold at public auction to T. E. S. Elliott.
  6. Claimants never repurchased or redeemed the property from the United States.

Authorities

Legal principles applied

  • Statutory interpretation of the 1891 remediable statute
Index terms32
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Legal actions

Action type
affirmed
Target
Court of Claims judgment
Context
The Supreme Court affirmed the judgment of the Court of Claims in favor of the claimants.
Scope
full