Metzger v. Miller

291 Fed. 780 (1923)

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Nature of the Case

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Facts

Graf died in 1914, leaving her estate to Schwab living in Germany and subject to the German Emperor. The estate was probated, and the money sent to Schwab except for two parcels of real estate and certain notes secured by trust deeds on real estate were left standing in her name. After the passage of the Trading with the Enemy Act, the land and notes were seized and taken into the custody of Miller (D) as the property of an alien enemy. D still holds the property. Metzger (P) brought this action based on a claim that prior to seizure, the property had been conveyed and assigned to him and for that reason, it was not subject to seizure. P presented a series of letters that he contends constituted a conveyance of the property to him. At the time of the transfers, P was residing with his mother's sister who died. Schwab learned of her sister's death and wrote P to convince him to leave Idaho and go to Sacramento wherein the property left to Schwab, except for ready money, would be his. P was an illegitimate son and got nothing from his father's estate, and his mother felt bad for this. P left Idaho and looked after the property. P had many letters from his mother affirming that the property was presently his, excepting any cash. The content of the letters is detailed on page 1077 Kurtz 3rd.