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Daniel James
Vs
J.J. Osborne

Be it remembered that on the trial of this cause, it was shown that the Flat Boat, the subject matter of this suit, was the property of D. Foster originally, that she was much out of repair in 1862, but in that year George Auty who was employed in the Engineers Service of the forces of the Confederate-States, suggested to Foster that if he would repair her, he would take said boat into the service of the Engineer's Office and pay him wages for her. In consequence of this Foster repaired her—and she was employed in the service of the Army of the Confederate-States for six or eight months when she became unfit for service and some time in 1863, she was returned to Foster, and Pltff desired title regularly for said boat from Foster.
The Dept proved that the boat was seized as public property by the authority of the Superintendent of the Freedmen's Bureau and there was no claim presented from James the Plff, for her, to the Bureau or any one else and there being no claim to her, the Bureau sold her to Osborne as appears from the Bill of Sale and order on the back thereof, which is made part of this Bill of Exceptions, and is as follows:
Mobile Ala, Feby 3rd 1866.
Captain J.J. Osborne having proposed to pay six hundred and thirty seven & 50/100 dollars for a certain flat boat belonging to the Freedmen's Bureau under Executive Order of 11 Aug 1865, the proposition is hereby accepted and the receipt of the money hereby acknowledged, and peaceably possession of the boat hereby given to Captain J.J. Osborne.
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