Enemy’s Property Law and Legal Definition

Enemy’s property refers to a property used in illegal commerce or trading with a public enemy. Enemy’s property is commonly used in prize courts. Confiscation of enemy property is an absolute right of a nation. The right can be exercised during any particular war is a matter of policy which is determined solely by Congress in the passage of its war measures.

Enemy’s property captured at sea and owned by persons resident in an enemy's country is deemed hostile and subject to condemnation, without any evidence as to the individual opinions or predilections of the owner. However determination of enemy’s property is a judicial question. It is to be decided by the prize courts and, unless otherwise instructed by their own sovereign, they must be guided by the rules and principles of public law. [The Amy Warwick, 1862 U.S. Dist. LEXIS 85 (D. Mass. 1862)].