MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The question argued in this case is, whether, under the act of Aug. 6, 1861, c. 60, "to confiscate property used for insurrectionary purposes" (12 Stat. 319), a condemnation carried the fee of lands confiscated, or only the life-estate of the owner; but we cannot discover that such a question is fairly presented by the record for our consideration. The ruling of the court below on the motion for a new trial...
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