United States v. One 1952 Model Chevrolet Coach Automobile

On June 16, 1953, the United States libeled respondent automobile on the ground that one Theodore Brandon, its registered owner, was then employing it in a violation of 26 U.S.C. § 3321 (a). Pursuant to 26 U.S.C. § 3321 (b), respondent is subject to forfeiture to the United States. Claimant, legal owner of respondent, intervened and petitioned the Court for remission or mitigation of the forfeiture.

A stipulation entered into between the United States and claimant establishes that claimant acted in good faith and after adequate investigation in transferring respondent to Brandon on a conditional sales contract. Claimant therefore properly appeals to the discretion of the Court for protection of his interest.

As claimant’s interest in respondent is substantially less than the appraised value, he is not entitled to remission but only. to allowance of amounts due him in mitigation of the forfeiture. 18 U.S.C. § 3617 (c); 40 U.S.C. § 304j.

This much is not seriously disputed; the only issue in this case arises from the fact that Brandon, for reasons best known to himself, made additional payments on his obligation to claimant after seizure of respondent. Claimant now cites the case…