Yale Simons v. United States

The district court for the second time has denied relief from the forfeiture of an automobile used to transport a contraband firearm, and the person seeking relief has again appealed. See Simons v. United States, 497 F.2d 1046 (1974), for a more detailed statement of the background facts.

Upon remand, the pleadings were amended and Simons attempted to establish his right to relief upon various theories. The case turns upon the existence of Simons’ property interest in the automobile on the date it was forfeited to the government.

On the date the government seized the automobile, Simons had no legal title or lien interest in the automobile. His position was that of a cosigner of a promissory note. His engagement was to pay the bank which had “financed” the automobile, if the primary obligor did not pay. The primary obligor, who was known by Simons and by the bank to be a former convict, could not obtain credit. As it turned out, the bank was prudent in -demanding a cosigner.

After the automobile was seized, the purchaser stopped making payments, and the bank attempted to enforce its security interest in the automobile. The government, however, refused to release the automobile…