92 F. 881 | 8th Cir. | 1899
O. R. Handford and J. S. Ilandford, the plaintiffs in error, purchased and had in their actual possession in their dock at Batesville, Ark., a raft of cedar logs. A person described as “a special agent of the general land office of the United States” appeared in Batesville, and seized the logs, took them out of the possession of the plaintiffs in error, and turned them over to the United States marshal for the district; and thereupon the United States district attorney for the district filed in the court below the following information:
“In the District Court of the United States for the Northern Division of the Eastern District of Arkansas.
“The United States vs. Two Hafts of Timber.
“Comes the United States, by Jacob Trieber and H. F. Auten, its attorneys, and Informs the court (hat on the 21st day of April, 1898, at Batesville, in the district and division aforesaid, the special agent of the general land office of the United States seized and took into his possession for and in behalf of the United States, in pursuance of and obedience to ihe instructions of the honorable secretary of the interior of the United States, one raft of cedar timber, consisting- of sixty-three sticks, of the value of ninety dollars, and that said agent turned the same over to the United States marshal for said district, who has since that time been, and is now, in possession thereof, by virtue of said seizure and of his office. The United States further informs the court, that said timber so seized is the properly of the United States, having been unlawfully cut from the lands of the United States, in violation ol' the statutes in such case made and provided. Wherefore the United States prays that monition issue to the marshal requiring him to give notice of said seizure to all persons who claim to have any right or interest in said timber, to the end that they may intervene herein, and that said property be adjudged the property of the United States, and for such further and other relief as It may he legally entitled to. Jacob Trieber,
“II. F. Auten,
“TJ. S. Attorneys.”
In pursuance of an order of the court, notice of this proceeding was given by publication in a newspaper. The plaintiffs in error appeared, and prayed to be made parties defendant. This prayer was