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UNITED STATES v. ONE 1947 MODEL INTERNAT'L PICKUP TR.

November 14, 1950

UNITED STATES
v.
ONE 1947 MODEL INTERNATIONAL PICKUP TRUCK, ETC.



The opinion of the court was delivered by: John E. Miller, District Judge.

Libel of Information was filed April 18, 1950, praying that the vehicle involved herein be forfeited to the United States. At that time the vehicle had an appraised value of $700.00.

G.G. Graves filed a response to the libel of information, alleging that he was the owner of said vehicle, subject to certain mortgages in the total sum of $1,000.00 held by Mrs. Orene Taylor; denying the allegations of the libel; and praying that the same be dismissed.

The issues thus joined were tried to the court on June 9, 1950, and the court, by findings of fact and conclusions of law filed June 12, 1950, determined that said vehicle should be declared forfeited to the United States. Judgment to this effect was entered June 12, 1950, conditioned, however, that since it appeared that there were outstanding encumbrances in favor of persons who might desire to apply for remission or mitigation of the forfeiture, that the United States Marshal retain custody of said vehicle for 30 days within which time any such person might make application for remission or mitigation.

Accordingly, on July 8, 1950, Mrs. Orene Taylor made application for remission, and alleged that she holds two mortgages on said vehicle, each in the sum of $500.00, which were acquired in good faith, and she had no knowledge or reason to believe that Graves was using the vehicle in violation of any laws of the United States or the State of Arkansas. On July 11, 1950, the court ordered the United States Marshal to retain possession of said vehicle pending the further orders of the court. The United States filed its response to the application on October 9, 1950, in which it denied that the petitioner, Mrs. Taylor, is entitled to said truck for purposes of enforcing the liens she holds on the same, and affirmatively alleged that at all times material to the action the said G.G. Graves had a reputation in Columbia County, Arkansas, for violating laws of the United States or the State of Arkansas relating to liquor and had a record of violating said laws.

On October 16, 1950, claimant, Mrs. Orene Taylor, and the United States filed a stipulation of facts, and agreed that the issues raised by the application for remission and response thereto be submitted to the court upon said stipulation and the pleadings.

The parties have submitted briefs in support of their contentions, which have been considered, and the court proceeds now to make and file its findings of fact and conclusions of law, separately stated.

Findings of Fact

1.

Conclusion of Law No. 3, of the Findings of Fact and Conclusions of Law filed in this action on June 12, 1950, provides:

"By carrying on the business of a liquor dealer without having paid the required special tax imposed by law, G.G. Graves violated the provisions of Section 3253, Title 26, United States Code [26 U.S.C.A. § 3253].

"By having and possessing the 1947 International ¾-ton Pickup Truck, Motor No. 136247, which was used and intended for use in violating the provisions of Section 3253, Title 26, United States Code, the said G.G. Graves forfeited all property rights in said truck by virtue of Section 3116, Title 26, United States Code [26 U.S.C.A. § 3116]."

In accordance with this conclusion, it was directed that the said vehicle be declared forfeited to the United States. At the time the Libel of Information was filed, April 18, 1950, said vehicle had an appraised value of $700.00.

2.

The claimant, Mrs. Taylor, first became acquainted with the said Graves in the year 1937 and was married to him in the year 1939. They were divorced in 1943.

On June 14, 1948, Mrs. Taylor loaned to Graves, the then owner of the vehicle involved herein, the sum of $500.00, without interest, and to secure said loan the said Graves executed and delivered to Mrs. Taylor a chattel mortgage dated June 14, 1948, on said vehicle, which chattel mortgage was filed for record in the office of the Circuit Clerk and Ex-Officio Recorder of Columbia County, Arkansas, on April 5, 1949.

On April 14, 1949, Mrs. Taylor loaned to Graves the additional sum of $500.00, with interest at three (3) per cent per annum, and to secure said loan Graves executed and delivered to Mrs. Taylor another chattel mortgage on the vehicle involved herein, which mortgage was filed for record in the office of the ...


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