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BRANCH V. UNITED STATES, 100 U. S. 673 (1879)

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U.S. Supreme Court

Branch v. United States, 100 U.S. 673 (1879)

Branch v. United States

100 U.S. 673

Syllabus

The proceeds of certain cotton seized under the Confiscation Act as the property of A. were, in July, 1866, by order of the proper district court, turned over to its clerk, who thereupon deposited them to his credit as such in a national bank which had been duly designated as a depositary of public money. The bank failed, and judgment in the confiscation proceedings having been rendered in favor of A., he brought suit against the United States to recover said proceeds.

Held:

1. That the deposit by the clerk was not a payment into the Treasury of the United States.

2. That said proceeds belonged for the time being to the court, and were, pending the proceedings, held as a trust fund.

3. That A. was not entitled to recover.

The facts are stated in the opinion of the Court.


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