12 Ct. Cl. 273 | Ct. Cl. | 1876
delivered the opinion of the court:
D must be borne in mind in all proceedings under the Abandoned or captured property Act that an action under that statute is a suit in equity against a specific fund partaking largely of the nature of a proceeding in rem. In an ordinary action A B brings his suit against O D, and seeks to hold him to a personal liability. In these captured property cases the suit is in effect an information against a fund which is in the possession of the defendants as trustees for whom it may concern. Whenever the fund vanishes, the liability of the defendants under this statute ceases and our jurisdiction ends.
Hence the statute, to the end that all parties interested in the fund might assert their rights while it was still under the control of the only tribunal having jurisdiction over it, provided a fixed jurisdictional period within which all suits might be brought. The purpose of the statute was not that of a statute of limitations, to prevent the mischiefs of unreasonable delay, but arose from the absolute necessity of having all claimants irpon the fund before the court at one time, so far as to enable adverse parties seeking the proceeds of the same property to interplead and contest their conflicting rights. Hence this limitation of the statute is jurisdictional, and jurisdiction depends in every instance upon two things: 1st. Upon there being a fund or thing to which jurisdiction can attach; 2d. Upon the proceeding, information, or suit against that fund or thing being instituted within the statutory time.
In numerous cases under the Abandoned or captured property Act such changes of party have been allowed after the jurisdictional period for bringing such suits has expired, but in all of them the thing in suit was not misdescribed in the original petition, and the party substituted possessed some legal relations concerning the thing in suit with the party who in due time instituted the aótion. In other words, the original error was in the party’s deduction of law and hot in his averment of fact. The suits were brought concerning property sufficiently defined, and transactions by which title to that defined property was acquired or transmitted were intelligibly set forth, and a false inference of the law was then drawn, such as that the well-described title had, by the defined transaction, vested in the heir instead of in the administrator, in the wife instead of in the husband, in the bankrupt instead of in the assignee. In none of those cases could the Government, as trustee of the thing in suit* nor could a third person as adverse claimant, be deceived. The petition, regarded as a notice of lis pendens, was complete, and informed the trustee and all the world that a suit had been brought within the proper jurisdictional period to recover that specific thing. When the error was discovered, the only changes necessary were technical and formal — that the wife who bought the’personal property go out and her husband, who took title by her transaction, come in; that the dis-tributee who claimed this part of the intestate’s estate give
In all of those cases, as has been said, the thing in suit was defined, and some legal relations concerning it subsisted between the party who brought the action and the party who alone could obtain a judgment.
In the case now before us the misfortune is that there is no specific title to the property set up; that there are no aver-ments in the original petition which define the thing in suit, except as being cotton, the property of the claimant; and that no legal relations concerning the thing described existed between her and her husband at the time of capture; for by the law of Mississippi she was, concerning her own personal property, to all intents and purposes a femme sole. It would, in short, have been legally feasible for her to have maintained one suit for the proceeds of 112 bales of cotton captured in Mississippi, and for her husband to have maintained another for 112 bales of cotton captured in Mississippi by a precisely similar description — that is, by no description save that of possession and ownership — and for the two suits to have proceeded' to judgment without its becoming apparent that the two sought to recover the same .thing. For her possession was not the husband’s possession's at common law, and in the eye of the law of their domicile they were strangers to each other concerning this personal property, and might have brought adverse suits concerning it, and have set up adverse titles to the proceeds as effectually as though they were not husband and wife. (Mrs. Sykes’s Case, 8 C. Cls. R., 330.)
The objections, therefore, to allowing an amendment and substitution in this case are twofold : First, that the claimant in her petition as a matter of fact, apart from all legal and technical errors, really set up a false title; second, that the substitution is to be allowed in favor of one who neglected to assert his own title and against whom she might have maintained an action of replevin if her petition were true and he had possessed himself of this property. What is this but allowing one who neglected to allege his title to his property within the jurisdictional period when he might have done so to come in when the j urisdictional period has passed and assert it now ? What is it but bringing in at once both a new party and a new claim ?
Therefore, we are of the opinion that the court, for want of' jurisdiction, must refuse to hear the motion upon its merits, and the claimant be left to apply to the Supreme Court for a mandamus to correct the error, if error it be. If the case could, be considered on the merits, wé should have little doubt that the error arose from a woman’s blunder in half stating her case
The order of the court is that the motion to substitute the administrator de bonis non of the estate of John H. Thomas, deceased, be not heard on the merits, but be dismissed for want of jurisdiction in the court to entertain it.