Three cases came up from the circuit Court of the United States for the district of New Jersey, upon a certificate of division in opinion between the judges thereof.

Defendants claimed title under a sale by virtue of what was referred to as a distress warrant, issued by the solicitor of the treasury under an act of Congress.

[1] The judges for the court below were in disagreement as to whether the sale was valid in that there was some question as to whether the statute that produced the distress warrant proceeding was constitutional.

This action arose from a certified question from the Circuit Court of the United States for the District of New Jersey, in which the judges could not agree whether a distress warrant, issued pursuant to statute, was valid and constitutional.

A distress warrant, issued by the solicitor of the treasury under the act of Congress passed on the 15th May, 1820, (3 Stats.