United States v. One 1972 Chevrolet Blazer Vehicle, S/n Cke182f185579

The Government brought this forfeiture action against the defendant 1972 Chevrolet Blazer vehicle, pursuant to 49 U.S.C. § 782 , because it had been used to transport a contraband firearm. The appellant, Steven C. Brandon, filed a claim of owner for the vehicle and an answer, as a third party claimant, to the forfeiture complaint. The district court granted the Government’s mo tion for summary judgment. We reverse and remand for further proceedings.

Background

On February 20, 1975, Charles W. Brandon, father of the appellant, was stopped while driving the Blazer, and the Blazer was searched pursuant to a search warrant. The officers discovered a homemade silencer and arrested Charles. The next day Treasury agents impounded the vehicle. At that time legal title to the Blazer was in the name of Charles W. Brandon.

Steven asserts that he was the actual and equitable owner of the Blazer when it was seized. He claims that Charles owed him approximately $2,900. On January 6, 1975 they entered into an oral agreement whereby Charles agreed to sell Steven the Blazer for $4,500. In turn Steven would forgive the $2,900 debt, transfer his own car to Charles, and pay Charles the proceeds…