EXCEPTIONS.

The bill of exceptions is conclusive, and the court cannot suspect there was evidence
not shown by it. Bingham v. Cabbot, 76.

EXECUTION.

1. Money in the possession of the defendant may be taken in execution. Turner v.
Fendall, 361.

2. But the defendant is not the legal owner of the specific money made by the levy of
an execution in his favor, which still remains in the hands of the sheriff, and such
money cannot be levied on. Ib.

BOND, 5.

EXECUTORS AND ADMINISTRATORS.

1. An executor derives his power to sue, not from the will, but from the letters testa-
mentary, and consequently can sue only in courts to which the power of those letters
extends. Dixon's Executors v. Ramsay's Executors, 594.

2. Under the 31st section of the Judiciary Act, (1 Stats. at Large, 90,) an executor
may come in, voluntarily, to prosecute, and the defendant is not thereby entitled to
delay; and after the order for his admission has been made, it is too late to contest
the fact that he is executor. Wilson v. Codman's Executor, 556.
DISTRICT OF COLUMBIA, 3.

EXPATRIATION.

CITIZEN; STATUTES, 7. 8.

EX POST FACTO.
CONSTITUTIONAL LAW, 8. 9.

FACTOR.

AGENT, 3.

FOREIGN LAWS.

EVIDENCE, 2. 3.

FOREIGN MONEY.

BILLS OF EXCHANGE, &C., 3; PRACTICE, 7.

FORFEITURE.

ADMIRALTY; REVENUE LAWS, 5; SALVAGE, 6; STATUTES, 7. 15.

FRAUD.

1. If a party make a false representation that he is a creditor of the government, and
thereby obtains from the commissioner a certificate of stock in the public funds, the
United States may affirm the transaction, and in an action on the case for the fraud,
recover as damages the value of the certificate. Fenemore v. United States, 256.
2. If interest has been received, it may be recovered back under a count for money
had and received, and by consent this last count may be joined with counts for the
fraud. Ib.

BOND, 2.

FRAUDS, STATUTE OF.

EVIDENCE, 1.

FRAUDULENT CONVEYANCE.

1. The act of assembly of Virginia against fraudulent sales does not render valid, by
recording within eight months, an absolute bill of sale of a chattel not accompanied
and followed by possession. Hamilton v. Russel, 415.

2. This act, as respects fraudulent conveyances, is coextensive with the 13th and 27th
Eliz. which were in affirmance of the common law. Ib.

3. An absolute bill of sale of a chattel, not accompanied and followed by possession, is
per se fraudulent. Ib.

4. A mortgage of lands, conditioned to save the mortgagee harmless from notes there-
after indorsed by him for the accommodation of the mortgagor is not fraudulent, as
against creditors, on its face. United States v. Hooe, 531.

GROUND RENT.

STATUTES, 18.

GUARANTY.

Semble. A letter of introduction, containing the general statement, "you may be
assured of their complying fully with any contracts or engagements they may enter
into with you," does not import an undertaking of guaranty. Clarke v. Russell,

295.

ASSUMPSIT, 2.

HABEAS CORPUS.

COURTS OF THE UNITED STATES, 24.

HEIR.
PARTY.

INJUNCTION.

1. Neither the supreme nor circuit courts, nor a single judge, can grant a writ of in-
junction without reasonable notice. New York v. Connecticut, 309.

2. What is reasonable notice depends on the circumstances of the case. Ib.

3. An injunction to stay proceedings at law will not be granted at the instance of one
not a party to, or interested in, those proceedings. Ib.

4. An obligee having recovered a judgment on a bond, claimed by the State of Georgia
under an act confiscating British debts, and execution having issued, the State filed

a bill in this court setting out its title, and a temporary injunction was granted to
stay the money in the hands of the marshal until the title of the State could be tried.
Georgia v. Brailsford, 4.

5. Injunction continued until the State of Georgia could try its right at law. Georgia
v. Brailsford, 13.

INSOLVENT.

DISTRICT OF COLUMBIA, 2; STATUTES, 10-14.

INSTANCE COURT.

COURTS OF THE UNITED STATES, 27.

INSURANCE.

1. Seizure for an attempt at illicit trade is not a loss within a policy containing an
exception of the risk of illicit trade. Church v. Hubbart, 470.

2. If the termini of the voyage entered on are the same as those of the voyage described
in the policy, an intention to touch at an intermediate port, does not render it a
different voyage from that specified in the policy. Marine Ins. Co. of Alexandria v.
Tucker, 605.

3. An intention to deviate, not acted on, does not affect the policy. Ib.

4. The law fixes no precise time, after notice of the loss, within which an abandonment
must be made; but requires it to be made within a reasonable time. Ib.

5. A recapture does not necessarily prevent a loss from being total; whether it has
this effect depends on the particular circumstances. Ib.

6. If it is alleged that the voyage was broken up, and the vessel sold to pay salvage
without necessity, this involves matter of fact for the jury. Ib.

7. One partner effecting insurance in his own name on property on board a certain
vessel, as property may appear, cannot recover indemnity for a loss sustained by
his firm. Graves v. Boston Mar. Ins. Co., 514.

8. A policy of insurance will not be reformed by a court of equity, after a loss upon
doubtful proof of the intention of the insured, or of its communication to the under-
writer. Ib..

AGENT, 2; ASSUMPSIT, 1; EVIDence, 6.

INTEREST.

Interest on affirmance is to be calculated on the aggregate sum of principal and interest
in the judgment below, to the time of affirmance, but no further. Brown v. Van
Braam, 254.

FRAUD, 2.

INTERNATIONAL LAW.

1. No foreign power can rightfully erect any court of judicature within the United
States, unless by force of a treaty. Glass v. The Sloop Betsey, 74.

2. The admiralty jurisdiction exercised by consuls of France, in the United States, is
not of right. Ib.

3. Nations may prevent the violation of their laws by seizures on the high seas, in the
neighborhood of their coasts, and there is no fixed rule prescribing the distance
from the coast, within which such seizures may be made. Church v. Hubbart, 470.
4. To come within such an exception, the seizure must be justifiable under the laws
of the country making the seizure. Ib.

CAPTURE; CONFISCATION; CONTRACT, 6; COURTS OF THE UNITED STATES,
27-29. 32; PRIZE, 3. 4; TREATIES.

JUDGMENT AND DECREE.

A court may at any time reverse an interlocutory decree. Ogle v. Lee, 439.
APPEAL, 1; BILLS OF EXCHANGE, &C., 9; Costs, 1; Courts of the UNITED
STATES, 3-6. 20. 21; EVIDENCE, 4; PLEADING, 2; PRACTICE, 6; PRIZE, 2–4.

JURISDICTION.

1. Whether a court of law has jurisdiction of a suit by the owners of a privateer, to
recover of a public agent of the United States, in a French port, the proceeds of
property captured, but not adjudicated upon, and which went into the hands of such
agent, "for whom it might concern," the court was equally divided in opinion.
Bingham v. Cabbot, 76.

2. But if a court of law has jurisdiction, documentary evidence, showing in what
character the defendant below received the property, was admissible. Ib.

ADMIRALTY; CERTIORARI; COURTS OF THE UNITED STATES; INTERNATIONAL

LAW, 1. 2.

JURY.

INSURANCE, 6; LAW AND FACT.

JUSTICE OF THE PEACE.

STATUTES, 17.

LAND LAWS.

1. The compact between Virginia and Kentucky provided for the preservation of
titles, not of the tribunals by which they were to be tried.
son v. Wilson, 346.

Wilson v. Mason. Ma-

2. Under the Virginia land-law of 1779, a survey without an entry was not an appro-
priation, and gave no title. Ib.

3. The remedy by caveat belonged to one who obtained a better title after, as well as
before another conflicting survey. Ib.

4. Under the act of Pennsylvania, of April 3, 1792, the grantee by warrant, who was
prevented by force of the enemies of the United States, from making an actual set-
tlement on the land, from the date of the warrant to January 1, 1796, but who per-
sisted in his endeavors to make such settlement, is excused from making such actual
settlement, and has a fee-simple in the lands, though he did not make improvements
within two years after such cause of prevention ceased. Huidekoper's Lessee v.
Douglass, 523.

3. A military right to unappropriated land in America, acquired under a royal pro-
clamation of 1763, was made assignable by the law of Virginia, to an inhabitant of
that State. Irvine v. Sims's Lessee, 298.

6. Obtaining a warrant and so locating it as to describe a particular parcel of land,
gave to the assignee a complete equitable title, which was confirmed by the compact
between Pennsylvania and Virginia. Ib.

7. A survey in Pennsylvania, and payment of the consideration, gave a legal right of
entry, which supports an ejectment. This right remains legal, though it may have
originally been held so from a defect of equitable powers, and though the courts of
the United States now possess those powers. Ib.

WITNESS.

LAW AND FACT.

It is the province of the court to decide the law, and of the jury to decide the facts.
Georgia v. Brailsford, 71.

LIEN.
STATUTES, 10.

LIMITATIONS OF ACTIONS.

1. A qui tam action founded on the act of the 22d of March, 1794, (1 Stats. at Large,
347,) prohibiting the slave-trade, is barred by the lapse of more than two years
under the 32d section of the act of the 30th of April, 1790, (1 Stats. at Large, 119,)
limiting prosecutions under penal statutes. Adams v. Woods, 492.

2. A debt due to a British subject not being barred by a statute of limitations at the
commencement of the war in 1775, the treaty of peace of 1783 does not allow the
time previous to the war to be added to any time subsequent to the treaty in order
to make a bar. Hopkirk v. Bell, 640.

3. Under the act of Virginia, (Rev. Code, 169, c. 92, s. 56,) allowing three years to
bring actions after the removal of disabilities, the disability is not removed by a non-
resident's coming into the State, unless the defendant was then a resident, so that
he could be sued. Faw v. Roberdeau's Executor, 551.

MANDAMUS.

1. When a judge has acted in his judicial capacity in refusing to issue a warrant be-
cause he deemed the evidence insufficient, a mandamus cannot be granted to compel
him to issue it. United States v. Lawrence, 83.

2. This court has no power to compel a judge to decide according to the dictates of
any judgment but his own. Ib.

3. Motion for mandamus to circuit court for Pennsylvania, to proceed under Pension
Act. Hayburn's Case, 8.

CONSTITUTIONAL LAW, 4. 5.

MARSHAL.

Rule on marshal to return writ directed to him or show cause for default, granted.
Oswald v. New York, 3.

MILITIA.
STATUTES, 17.

MONEY.

EXECUTION; FOREIGN MONEY.

MORTGAGE.

The Virginia "act concerning conveyances," includes mortgages of personal property,
and such a mortgage admitted to record on the oaths of only two subscribing wit-
nesses, is void as against a creditor who had notice of the mortgage. Hodgson v.
Butts, 547.

APPEAL, 1; FRAUDULENT CONVEYANCE, 4.

NEW TRIAL.

If inadmissible evidence of a material fact went to the jury, this court cannot look
into the record to see if there was other legal evidence sufficient to justify the ver-
dict; the judgment must be reversed and a new trial had. Church v. Hubbart,
470.

WRIT OF ERROR, 16.

NON INTERCOURSE.

STATUTES, 6-9.

NOTICE.

DEPOSITION, 1. 2; INJUNCTION, 4.

OFFICER.

COURT MARTIAL; PRESIDENT; STATUTES, 17.

PARTNERS.

INSURANCE, 7; PRACTICE, 3.

PARTY.

Under the Stat. 5 Geo. II., making lands in the colonies liable for debts, the lands of a
deceased debtor in Georgia may be so charged without making the heir a party to
the suit for that purpose. Telfair v. Stead's Executors, 514.

CONSTITUTIONAL LAW, 12. 13.