a subsequent sale could only pass it
cum onere. Higginson v. Mein, 415
BRITISH SUBJECTS.

See Aliens, 2, 3.

BRITISH TREATY.

See Limitations, 1. Aliens, 2, 3. Confisca-
tion, 1, 2.

CAPTURE.

See Admiralty, 1, 2, 3, 4, 5. 10. 12, 13.
Abandonment, 1.

COLLECTOR.

1. A collector selling land for taxes
must act in conformity with the law
from which his power is derived,
and the purchaser is bound to in-
quire whether he has so acted. It
is incumbent on the vendee to prove
the authority to sell. Stead v. Course,
403
2. By the tax laws of Georgia for the
years 1790 and 1791, the collector
was authorized to sell land only on
the deficiency of personal estate;
and then to sell only so much as was
necessary to pay the taxes in arrear.
Under those laws, the sale of a
whole tract, when a small part would
have been sufficient to pay the taxes,
was void,
ib.

3. A collector of the revenue of the
United States, after his removal from
office, has no authority to collect du-
ties outstanding at the time of his
removal; but this power and duty
devolves upon his successor. Sthresh-
ley v. United States,
169

1. Courts which originate in the com-
mon law possess a jurisdiction which
must be regulated by their common
law, until some statute change their
established principles; but courts
which are created by written law,
cannot transcend that jurisdiction.
Ex parte Bollman and Swartwout, 93
2. For the meaning of the term habeas
corpus resort may be had to the com-
mon law; but the power to award
the writ by any of the courts of the
United States must be given by
written law, ib.
93, 94
3. Quare, whether, upon an indictment

for treason, proof of procurement
can, in this country, by force of the
common law, be admitted in evi-
dence to establish a charge of per-
sonal presence. United States v. Burr,
Appendix,
502

CONFISCATION.
1. The act of Georgia confiscating the
estate of the mortgagor is no bar to
the claim of the mortgagee, a Bri-
tish merchant, whose debt was only
sequestered during the war. The
estate of the mortgagor only was
confiscated, not that of the mortga-
gee. Higginson v. Mein,
415
2. If a confiscating act, independent of
the treaty, would be construed.to

in its full force; and a subsequent
sale could only pass it with its bur-
den. Higginson v. Mein,

CONNECTICUT.

419

1. A court of equity will annul a con-
tract which the defendant has failed
to perform, and cannot perform on
his part. Skillern v. May, 137
2. A letter of credit, directed by mis-
take to John and Joseph, instead of
John and Jeremiah, and delivered
to John and Jeremiah, who furnished
goods upon the faith of it, does not
constitute a contract between the
writer of the letter and John and Je-
remiah, to whom it was delivered,
and parol proof cannot be admitted
to make it such. Grant v. Naylor, 224
3. The promise to pay the debt of ano-
ther must be in writing, and cannot
be explained by parol, ib. 235
4. B. in Philadelphia, agreed to pay to
A.'s agent in Amsterdam, 170,000
guilders on the first of March, and
if he should fail so to do, then to
repay to A. the value of the guilders
at the rate of exchange current in
Philadelphia at the time demand of
payment should be made, together
with damages at 20 per cent. in the
same manner as if bills of exchange
had been drawn for that sum, and
they had been returned protested
for non-payment, and lawful interest
for any delay of payment which
might take place after the demand.
B. paid the 170,000 guilders in Am-
sterdam to the agent of A. on the
13th of May, instead of the 1st of
March. A. is not entitled to the 20
per cent damages, but may, in a suit
upon the bond given to perform the
contract, recover interest on the
170,000 guilders from the 1st of

COPARTNERS.

See Assignee, 1.
COPPER.

333

1. Costs are not given upon a reversal
of judgment. Montalet v. Murray, 47
COURTS OF UNITED STATES.
1. The district courts of the United

3.

2. The practice of the district courts of
the United States as courts of ad-
miralty is not regulated by law, ib. 21
When both parties are aliens the
courts of the United States have not
jurisdiction. Montalet v Murray, 46
4. If it does not appear upon the record
that the suit might have been main-
tained in the courts of the United
States between the original parties
to a promissory note, no suit can be
maintained upon it in those courts
by a subsequent holder,
The court is bound to give an opi-
nion to the jury on a question of
law, upon request, if it be pertinent
to the issue; but not if it involve a
question of fact. Smith v. Carrington,

5.

ib.

7. See Appeal, 3, 4. Habeas Corpus,
1. Jurisdiction, 5, 6.

8. If two citizens of the same state, in
a suit in a court of their state, claim
title under the same act of congress,
the supreme court of the United
States has appellate jurisdiction
from the highest state court to
which the question can be carried.
Matthews v. Zane,
382
9. The district judge may alone hold a
circuit court, although there be no
judge of the supreme court allotted
to that circuit. Pollard v. Dwight,
421

COVENANT.

1. An action may be supported upon a
covenant of seisin, although the
plaintiff has never been evicted, and
the declaration need not aver an
eviction. Pollard v. Dwight, 421
2. On the trial of an action in Connec-
ticut for breach of a covenant of sei-
sin of lands in Virginia, the ques-
tion whether a patent from the state
of Virginia for the lands be voidable,
is not examinable, ib.
3. Parol testimony is not admissible in
an action on the covenant of seisin,
to prove prior claims to the land, ib.
CREDIT, LETTER OF.

See Contract, 2, 3.

CRIMES.

See Trial, 2. Arrest, 1.
CUSTODY OF THE LAW.

422

See Admiralty, 3, 4.7. 12, 13, 14. 25.
DAMAGES.

See Contract, 4.
DECLARATION.

See Covenant, 1.
DECREE.

See Admiralty, 1, 2. 4. 8, 9. 11, 12. 15,
16. 18.
DEED.

1. If a bond be executed by O. as a
surety for S. to obtain an appeal
from the judgment of a justice of
peace in Maryland, and the bond is
rejected by the justice, and after-
wards, without the knowledge of O,

the name of W. be interlined as an
obligor who executes the bond, and
the justice then accepts it, it is void
as to 0. Oneale v. Long,
60
2. A bond may be delivered by the
surety to the principal obligor as an
escrow. Pawling v. United States, 219
Escrow, 1, 2.

3. See Evidence, 12.
4. See Assumpsit, 1.

5. Parol evidence may be given of the
existence of a deed of gift of a
slave in Virginia, to show the nature
of the possession which accompa-
nied the deed. Spiers v. Willison,

DEMISE.

See Lease, 1, 2.
DEMURRER.

398

duties outstanding at the time of
his removal, and which accrued
while he remained in office; but
this power and duty devolve on his
successor. Sthreshley v. United States,
169
4. Quare, whether goods saved are liable
for duties? Peisch v. Ware, 348
5. See Forfeiture, 1.

EJECTMENT.

1. In Vermont, tenants in common may
maintain a joint action of ejectment.
Hicks v. Rogers,
165

EQUITY.

1. See Assignee.

2. If the obligee of a bond obtain titles
in his own name for part of the
lands, the assignment of which to
the obligor was the consideration of
the bond, and suffer the titles to the
residue of the lands to be lost by the
non-payment of taxes, a court of
equity will not lend its aid to carry
into effect a judgment at law upon
the bond. Skillern v. May,
3. A court of equity will not interfere
between a donee of land by deed
and a devisee under the will of the.
donor, in a case where there is no
fraud. Viers v. Montgomery, 177
4. A court of the United States cannot
enjoin proceedings in a state court.
Diggs v. Wolcott,
179

5. See Account, 2, 3.

137

6. A court of equity will annul a con-
tract which the defendant has
failed to perform, and which he can-
not perform on his part. Skillern v.
May,
137

ERROR.

1. See Writ of Error, 1, 2. Appeal, 4.
2. The refusal of the court below. to
continue a cause, after it is at issue,
cannot be assigned for error. Woods
& Bemis v. Young,
237

3. Quare, whether a writ of error will
lie to the refusal of the court below
to quash an execution upon motion ?
Mountz v. Hodgson,
324

ESCROW.

1. A bond may be delivered by a surety

2. The defendant having read a letter
from the plaintiff's agent in answer
to a letter from himself, cannot give
in evidence a copy of his own letter,
without proving it to be a true copy
by a witness,

3.

4.

6.

ib.

If improper evidence be admitted
by the judge, it is error, and this
court cannot inquire into its import-
ance, or operation, ib.
70
Queere, whether a foreign sentence
of condemnation be conclusive evi-
dence in an action against the under-
writers. Fitzsimmons v. Newport

Ins. Co.
185
5. The appraisement made under the
order of the district judge by three
sworn appraisers, is not conclusive
evidence of the value, in a question
of jurisdiction, but is better evidence
than the opinion of a single witness
examined viva voce in open court.
United States v. Brig Union, 216
After deciding the question of value
upon the weight of the evidence, the
court will not continue the cause for
the party to produce further evi-
dence as to the value,
ib.
7. Upon a demurrer to evidence the tes-
timony is to be taken most strongly
against him who demurs; and such
conclusions as a jury might justifia-
bly draw, the court ought to draw.
Pawling v. United States,
219

8. See Escrow, 2.

299

11. An averment of a demise for 3 years
is not supported by proof of a lease
for one year certain, and two years
further possession on the same terms
by the consent of the landlord.
Alexander v. Harris,
12. Parol evidence may be given of the
existence of a deed of gift to show
the nature of the possession which
accompanied the deed. Spiers v.
Willison,
398
13. Quare, whether 5 years' possession is
evidence of a good title for a plain-
tiff in detinue? Ramsay v Lee, 401
14. The evidence of payment which re-
sults from lapse of time may be met
by circumstances which account for
the delay in bringing the suit. Hig.
ginson v. Mein,
420
15. The official certificate of survey re-

turned by a legal sworn surveyor in
Virginia, cannot be invalidated by
evidence tending to show an impos-
sibility, that the survey could have
been made in the intervening time
between the date of the entry, and
the date of the certificate of survey.
Pollard v. Dwight,
422
16. Parol testimony is not admissible, in
an action on the covenant of seisin,
to prove prior claims upon the land,
ib.

17. The sentence of a foreign court of.
admiralty condemning a vessel for
breach of blockade is conclusive evi-
dence of that fact, in an action on
the policy of insurance. Croudson v.
Leonard,
434

18 See Admiralty, 21.

19. In treason the overt act must be
proved as laid. Appendix, U. States
v. Burr,
490
20. Quære, whether, on a motion to com-

1

24.

25.

26.

with being present at an overt act
of treason cannot be supported by
proving only that the person accused
caused the act to be done by others
in his absence. No presumptive evi-
dence, no facts from which presence
can be inferred, will be sufficient.
Appendix,
500

See Treason, 31. 35, 36. 38. 40.
If the overt act of treason be not
proved by two witnesses so as to be
submitted to the jury, all other testi.
mony is irrelevant. Appendix, United
States v. Burr,
505, 506
Quære, whether a foreign sentence
be examinable? Appendix, Rose v.
Himely,
512

EXCEPTION.

1. A bill of exceptions may be taken to
the opinion of the judge in his charge
to the jury. Smith v. Carrington, 63
2. The court is bound to give an opinion
to the jury upon a question of law,
upon request, if it be pertinent to
the issue; but not if it involve a
question of fact, ib.
71

3. See Account, 3. Error, 2, 3.

EXECUTION.
See Error, 3.

FOREIGN ATTACHMENT.

1. The appearance of the defendant to
a foreign attachment in a circuit
court of the United States waives
all objection to the non-service of
process. Pollard v Dwight, 421
2. Under the foreign attachment law of
Connecticut, an absent person who
is liable for damages for breach of
his covenant, is an absent debtor,
ib.

FOREIGN COURTS.
Admiralty, 8, 9. 11, 12, 13. 16. Evi-
dence, 4. 17.

FOREIGN SENTENCE.

See Evidence, 4. 17. Admiralty, 8, 9. 11.

FORFEITURE.

1. Wine and spirits saved from a wreck
and landed, are not liable to forfeit-
ure, because unaccompanied with

3 P