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29. Libel under the 25th section of C the registry act of i792, ch. 146. (1.) for a fraudulent use by a vessel of a certificate of registry, to the benefit of which she was not entitled. Vessel forfeited. The provisions of the 27th see. apply as we toessels which have not been previously registered, as to those to which registers have been previously grantThe Neptune,

ed.

See PIRACY.

PRACTICE, 5, 6, 7.

Prize.

ALLEN.

COL

1. An alien enemy may take lands by purchase, though not by descent; and that whether the puzchase be by grant or by devise.Note c, 14 2. A title acquired by an alien enemy by purchase is not devested until office found. Fl. 14 3. The 9th article of the treaty of 1794, between the United States and Great Britain completely protects the title of a British devisce, whose estate has not been previously devested by an inquest of office, or some cquivalent proceeding. 1. 14

4 The treaty of 1794 relates of ly to lands then held by British subjects, and not to any after acquired lands. Id. 13, 14 5. A person born in the colony of

New Jersey, before the declaration of independence, and residing there until 1777, but who then joined the British ariny, and ever since adhered to the british government, has a right

to take lands by descent in the state of New Jersey. Id. 12 Aperson born in England, before the declaration'vi independence, and who always resided there, and never was in the United States, cannot take lands in Maryland by descent. 1. 13 7. By the act of Maryland of 1780, ch. 45, and 49, the equitable interest of British subjects in lands were confiscated, and vested in the State, without office found, prior to the treaty of 1703, so that the British cestui que trust was not protected by the stipulations in that treaty against future confiscation, nor by the stipulation in the treaty of 1794, securing to British subjects, who then held lands in this country the right to continue to hold them. Id. 13 8. An alien may take, by purchase a freehold or other interest in land, and may hold it against all the world except the King, and even against him until office found; and is not accountable for the rents and profits previously received. Craig v. Leslie,

59

9. Where W. R. claimed title to lands in Kentucky, derived from a warrant sued in 1774, by the governor of Virginia, on which a giant issued in 178°, to W. S. who was a native subject of the King of Great Pritain, and who left Virginia prior to the year 1776, and has ever since rcturned to the United States: held, that W. S. took a legai title to the lands under the warrant and grant, which no Laving been devested by any act of. Virginia prior to the treaty of 1794, was rendered absolute and indefeasible by the 9th article of that trea

Craig v. Radford, 594, 90

See CHANCERY. 6.

TREATY, 1.

B

BILLS OF EXCHANGE AND
PROMISSORY NOTES.

1. Where a general authority is gi

act of returning it to the party from whom it was received. Dugan . The United States, 172 3. Quære, Whether, when a bill is endorsed to an agent, for the use of his principal, an action on the bill can be maintained by the principal in his own name? However this may be between private parties, the United States are permitted to sue in their own name, wherever it appears, not only on the face of the instrument, but from all the evidence, that they alone are interested in the subject matter of the controversy. Id. 180 If a person who endorses a bill to another, whether for value, or for the purpose of collection, comes again to the possession thereof, he is to be regarded, unless the contrary appears in evidence, as the bona fide holder and proprictor of such bill, and is entitled to recover thereon. notwithstanding there may be on it one or more endorsements in full, subsequent to the endorsement to him, without producing any receipt or endorsement back to him from either of such endorsces, whose names he may strike from the bill, or not, as he thinks proper. Id. 182* The endoiser of a promissory note, who has been charged by due notice of the default of the maker, is not entitled to the protection' of a court of equity as a surely; the holder may proceed against either party at his pleasure, and does not discharge the endorser, by not issuing, or by countermanding an execution against the maker, Lenox v. Frou!, 520, 525 By the statute of Maryland of 1763, ch. 23. s. E. which is perhaps only declaratory of the

ven to draw bills from a certain place, on account of advances. there made, the undertaking is to replace the money at that place; and interest is to be allowed according to the lex loci. Lanusse v. Barker, 101, 146 2. Where a bill of exchange was 4. endorsed to T. T. T. treasurer of the United States, who received it in that capacity, and for account of the United States, and the bill had been purchased by the Secretary of the treasury (as one of the commissioners of the Sinking Fund, and as agent of that board) with the money of the United States, and was afterwards en lorsed by T. T. T. treasurer of the United States, to W. and S. and by them pre-ented to the drawees for acceptance, and protested for non-acceptance and non-payment, and sent back by W. and S. to the Seetary of the Treasury; held, that the endorsement to T. T. T. Dissed. such an interest to the United States as enabled them to maintain an action on the bill against the first endorser; and that the United States might recover in an action against the first endorser, without producing from W.and S. receipt or re-endorsement of the bill, W. and S.being presumed to have acted as the a rents or bankers of the Unite Stes; and all the interest which W. and S ever had in the bill, was devested by tho

5.

6.

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1. Bill for the specific performance
of an agreement for the sale of
lands. The contract enforced.
MIoer v. Kyger,

5.3

2. The remedies in the courts of
the United States, at common
law and in equity, are to he, not
according to the practice of state
courts, but according to the prin-
ciples of common law and equi-
ty, as distinguished in that coun-
try from which we derive a
knowledge of those principles.
Consistently with this doctrine,
it may be admitted, that where,
by the statutes of a state, a title
which would otherwise be deem-
ed merely cquitable, is recog-
nized as a legal title, or a title
which would be valid at law is,
under circumstances of an equi-
table nature, declared void, the
rights of the parties in such case
may be as fully considered in a
suit at law, in the courts of the
United States, as in any state
court. Robinson v. Campbell,

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6.

1. The endorser of a prominissory
note, who has been charged, by
due notice of the default of the
maker, is not entitled to the pro-
tection of a court of equity as a
surely; the holder may proceed
against either party at his plea-
sure, and does not discharge the
endorser, by not issuing, or by
countermanding an execution
against the maker. Lenox v.
Prout,
520.425
5. The answer of a defendant in
chancery, though he may be in
terested to the whole amount in
controversy, is conclusive evi-
dence, if uncontradicted by any
witness in the cause. 11. 527
R. C. a citizen of Virginia, being
seized of real property in that
state, made in his will: "In the
first place I give, devise, and be-
queath unto J. L." and four
others, "all my estate, real and
personal, of which I may die
seized and possessed, in any part
of America, in special trust, that
the afore mentioned persons, or
such of them as may be living at
my death, will sell my personal
estate to the highest bidder, on
two years' credit, and my real
estate on one, two, and three
years' credit, provided satisfac-
tory security be given, by bond
and deed of trust. In the second
place, I give and bequeath to
my brother, T C." an alien,
"all the proceeds of my estate,
real and personal, which I have
herein directed to be sold, to be
remitted to him accordingly as
the payments are made, and I
hereby declare the aforesaid J.
L." and the four other persons,
"to be my trustees and execu-
tors for the purposes afore-men-
tioned." Held, that the legacy
given to T.C., in the will of R.
C., was to be considered as a be-

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5.78

upon the proceeds of the land
directed to be sold, the quality of
personalty, not only for the par-
ticular purposes of the will, but to
all intents, the claim of the heir at
law to a resulting trust is defeat-
ed, and the estate is considered to
583
be personal. Id.

COMMON LAW.

CONSTITUTIONAL LAW, 3

CHANCERY, 2.

CONSTITUTIONAL LAW.

est in the land or money, thus di- See ADMIRALTY, 5, 6, 7, 8, 14, 17.
rected to be employed, belongs to
the person for whose use it is giv-
en, a court of equity will permit
the cestui que trust to take the
money or the land at his election,
if he elect before the conversion
is made. Id.
9. But in case of the death of the
cestui que trust, without having
determined his election, the pro-
perty will pass to his heirs, or
personal representatives, in the
same manner as it would have
done if the conversion had been
made, and the trust exccuted in
his life-time. Id.
579

0. The case of Roper v Radcliffe,
9 Mod. 167. examined; distin-
guished from the present case;
and, so far a: conflicts with it,
overruled. Il.
580
11. Land, devised to trustees to sell
for the payment of debts and le-
gacies, is to be deemed as money.
Id.
582
12. The heir at law has a resulting
trust in such lands, after the
debts and legacies are pail, and
may come into equity and re-
strain the trustee from selling
more than sufficient to pay them;
or may offer to pay them himself,
and pray a conveyance of the part
of the land not sold in the first case,
and the whole in the latter, which
property in either case will be
land and not money. Id. 582
13. But if the intent of the testator.

appears to have been to stamp

2.

1. A judgment of a state court has
the same credit, validity, and ef-
fect, in every other court within
the United States, which it had
in the court where it was render-
ed; and whatever pleas would be
good to a suit thereon, in such
state, and none others, can be
pleaded in any other court within
the United States. Hampton v.
M.Connel,
234
Under the judiciary act of 1789,
ch. 20. s. 25. giving appellate
jurisdiction to the supreme court
of the United States, from the fi-
nal judgment, or decree, of the
highest court of law or equity of
a state, in certain cases, the writ
of error may be directed to any
court in which the record and
judgment on which it is to act
may be found; and if the record
has been remitted by the highest
court, &c. to another court of the
state, it may be brought by the
writ of error from that court.
Gelston v. Hoyt,
246. 303
The remedies in the courts of
the United States, at common
law, and in equity, are to be,
not according to the practice of
state courts, but according to the

3.

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