United States v. One 1949 Ford Sedan, Civ. No. 735.

• Decision Date: 30 March 1951
• Docket Number: Civ. No. 735.
• Citation: 96 F. Supp. 341
• Court: U.S. District Court — Western District of North Carolina
• Parties: UNITED STATES v. ONE 1949 FORD SEDAN, etc.

96 F. Supp. 341

UNITED STATES v. ONE 1949 FORD SEDAN, etc.

Civ. No. 735.

United States District Court W. D. North Carolina.

March 30, 1951.

T. A. Uzzell, Jr., U. S. Atty., Asheville, N. C., and J. B. Craven, Jr., Asst. U. S. Atty., Morganton, N. C., for the United States.

Joseph C. Travis, Charlotte, N. C., Max L. Childers, Mount Holly, N. C., and Shannonhouse, Bell & Horn, Charlotte, N. C., for defendant.

WARLICK, District Judge.

This is a proceeding by the United States of America for adjudgment of forfeiture of a 1949 Ford Sedan automobile, under Sections 781-782 of Title 49 U.S. C.A., on the alleged grounds that it had been unlawfully used to facilitate the transportation, sale, barter, etc. of narcotics. The libel of information was filed on December 19, 1949, in the office of the Clerk at Charlotte, North Carolina. In due time separate answers to the libel were filed by claimants, Eulis "Dock" Overman, Robert F. Wyatt, and the Wachovia Bank and Trust Company; on the hearing the following facts are found and the conclusions of law are stated, with decree carrying into effect the judgment to be entered.

On October 11, 1949, Eulis Overman purchased the 1949 Ford Sedan involved herein from the Taylor Motors Company in Mount Holly, North Carolina, paying approximately $2,400 therefor, and executing a purchase money mortgage or conditional sales agreement to the seller for the unpaid balance of $1,453.20. On the same date this contract was endorsed on being sold for value by the Motors Company to the Wachovia Bank and Trust Company of Charlotte, North Carolina, and it became the owner thereof.

On November 8, 1949, the above Ford automobile was traded by Eulis Overman to Robert F. Wyatt, Overman receiving in exchange therefor a Mercury automobile and the purchaser, Wyatt, assumed the payment of the unpaid balance to the Wachovia Bank and Trust Company and was accepted as the obligor by the Trust Company at said time.

On December 19, 1949, the United States Government filed its libel against the above set out Ford Sedan, alleging therein that on the 26th of October, 1949, one Howard Overman used the said automobile in the conveyance and transportation of narcotics in violation of Title 49 U.S.C.A. § 781 et seq. The date of the actual seizure of the said automobile in the hands of Wyatt being alleged as November 28, 1949.

From stipulations made by counsel of record additional facts are found by the court.

On October 26, 1949, narcotic agent, George M. Belk, pursuant to an agreement with Howard Hugh Overman, paid to him on his front porch in Lowell, North Carolina, $200 for the purchase of narcotic drugs, Belk and Overman agreeing that they would meet later at the Woodlawn Post Office in Lowell and take delivery of the contraband narcotic drugs. That immediately following the transaction set out above, Howard Hugh Overman being in possession of $200 in purchase money, left his home and drove away in the automobile against which the libel is filed, "Some short time later" driving past Woodlawn Post Office in said automobile.

"Sometime thereafter" Howard Hugh Overman returned to the Woodlawn Post Office in another and different automobile and one not the subject of this libel, and delivered from that automobile the contraband narcotic drugs in line with the purchase set out above.

Eulis "Dock" Overman, who originally purchased the Ford Sedan against which the libel is filed is a man of good character and bears a fine reputation in the community in which he lives. He has no criminal record in any court, works regularly at an honest calling, and has been employed with the same company for longer than fifteen years.

Robert F. Wyatt, the subsequent purchaser of the automobile from Eulis Overman is likewise a man of good character and bears such reputation and has no criminal record.

Howard Overman for some months had been engaged in the narcotic traffic and had effected connections with certain individuals higher up in the narcotic field and had done considerable peddling of narcotics.

Dock Overman was unaware of any transactions of this kind and the stipulation entered into states "That Dock Overman had no knowledge of his, Howard Hugh Overman, ever engaging in narcotic activities", the car being loaned by Eulis "Dock" Overman to his brother, Howard Hugh Overman, on the morning of October 26th, so that he might go to his home and return in a short while. Both lived in Lowell, a textile village.

That no narcotics of any kind were ever conveyed, concealed, transported or otherwise found in or about the Ford automobile against which the libel is filed.

The question to be determined is this: "Was the car sought to be confiscated used to facilitate the transportation, purchase, etc. of narcotics as is found under subsection (a) (3) of Sec. 781, Title 49 U.S.C.A.

The pertinent provisions of Chapter 11 of Title 49 of the United States Code Annotated are the following:

"§ 781. Unlawful use of vessels, vehicles, and aircrafts; contraband article define

"(a) It shall be unlawful (1) to transport, carry, or convey any contraband article in, upon, or by means of any vessel, vehicle, or aircraft; (2) to conceal or possess any contraband article in or upon any vessel, vehicle, or aircraft, or upon the person of anyone in or upon any vessel, vehicle, or aircraft; or (3) to use any vessel, vehicle, or aircraft to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article." U. S. v. One 1941 Pontiac Sedan, D.C., 83 F.Supp. 999.

As used in this section the term contraband article must embrace any...