As between the parties to it, an assignment of a claim against
the government for property taken during the Civil War, or of the
right to a fund appropriated by Congress to satisfy a judgment
therefor, is not made void by Rev.Stats. § 3477.
118 Miss. 549 affirmed.
The case is stated in the opinion.
Page 248 U. S. 25
Memorandum for the Court by the CHIEF JUSTICE.
The right to a fund resulting from the payment of an
appropriation by Congress to satisfy a judgment for the value of
property taken during the Civil War is the issue here involved. The
contestants are the heirs at law of the original claimant and
persons holding under an assignment by her of all her right to the
claim or fund. The court enforced the assignment.
Under the assumption that the claimant was prohibited by the law
of the United States (§ 3477 Rev.Stats.) from making an assignment,
the heirs at law prosecute error to correct the federal error thus
assumed to have been committed. But the assumption indulged in as
to the effect of the law of the United States is without merit.
McGowan v. Parish, 237 U. S. 285
237 U. S. 294
and cases cited. This renders it unnecessary to consider whether,
if the heirs at law were entitled to the fund, they would be liable
to pay the full sum of the attorney's fee contracted for by the
transferee and the duty to pay which the transferee and those in
privity do not dispute.