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W.J. Mallard. for defence, sworn.   
Was a confed. soldier under Col Hood. Hood gave orders to seize all animals branded U.S under this order he took mule in question, & reported the capture to his comdg. Officer, high waters prevented his taking the mule accross river. Capt. Tullis Asst. Pro. Mar. afterwards told witness that his title to mule was good, and gave him a paper to that effect. (now lost) Sold mule to Defdt. for $50.00 at time of capture was worth very little, was branded U.S.

Wm Minn, sworn, was confed. soldier, saw order to take animals &c. - L.J. Mallard, Defdt. sworn, Bought mule from W.J. Mallard. received paper given by Capt. Tullis, since lost; said paper stated that Mr J M Mallard had good title to sell or trade mule, and bore signature of Capt. T. Asst. Pro. Mar. Mule was worth when seized $30.00. - Col. John Minn sworn, Had been confed. Off. & seized animals under orders, considered this a lawful capture, was impossible to deliver it to comdg. Officer

Report of Col. Goulden, in Case of Lt. Coult. VS. Mallard.

After hearing evidence & arguments decided.

there are two pleas filed to pltffs. action. 1st plea to acquire amt the General issue. To sustain the 1st would be a bar to pltffs. right of recovery. Evidence to sustain must show that the case had been settled by proper authority. Claims the decision of Capt. Tullis void as Pltff. had no notice of trial at that time, was not present where the decision was rendered, thinks Capt, Tillis had no Judicial power.
It is shown that the mule was given to pltff. by a Federal; Officer, in payment for a horse taken from him.  Thereby giving him a clear title to the same.  Defence rest - their title on the order of Col.Hood, whose valor seems to lie in the heels
(over)