Milton Grady Ramsey, of One 1955 Ford Sedan, Motor No. U5rw-123141, Its Tools and Appurtenances v. United States

A libel was filed in the district court alleging the seizure of claimant’s 1955 Ford automobile, from Grady Ramsey, because said automobile had been used unlawfully in violation of 26 U.S.C. § 5008 (b) (1):

The libel further alleged that for this reason the automobile in question was subject to seizure and forfeiture under the provisions of 26 U.S.C. § 7302 (Int. Rev.Code of 1954). There were two other counts not at issue here.

Trial was had in December 1957, after which the court entered Findings of Fact and Conclusions of Law and awarded a judgment of forfeiture in favor of the government. The trial court has jurisdiction of the action by virtue of 28 U.S.C. § 1355 ; and this Court has jurisdiction on appeal, timely notice having been filed. 28 U.S.C. § 1291 .

Appellant specifies two grounds for his appeal: (1) that the evidence was insufficient to support the findings and judgment and that they are contrary to the law and evidence; and (2) that the court below erred in overruling the objections to the introduction of evidence on the grounds that the car was seized illegally in violation of the fourth amendment of the federal constitution.

Appellant was and is the registered…