17 U.S. 77 4 Wheat. 77 4 L. Ed. 518 WILLIAMS et al. v. PEYTON'S Lessee. February 8, 1819 1 THIS case was argued by Jones and Talbot , for the plaintiffs in error, and by Taylor , for the defendant in error. 2 The opinion of the court was delivered by MARSHALL, Ch. J. 3 This is an ejectment brought in the Circuit Court for the district of Kentucky, by the original patentee, against a purchaser at a sale made for non-payment of the direct tax, imposed by the act of congress of the 14th July 1798,...
17 U.S. 243 (_) 4 Wheat. 243 WHEATON v. SEXTON'S Lessee. Supreme Court of United States. *244 March 12th, 1819. JOHNSON, Justice, delivered the opinion of the court. The suit below was ejectment, and the defendant in this court recovered, under a title derived from a sale by the marshal of this district. The marshal's deed conveys the life-estate of Wheaton in the lands in question. And the plaintiff below proved the title in the defendant's wife, under conveyances executed after marriage. The...
17 U.S. 53 (_) 4 Wheat. 53 WEIGHTMAN v. CALDWELL. Supreme Court of United States. This cause was argued by Jones and Key, for the plaintiff in error, [(b)] and by Caldwell and Swann, for the defendant in error. [(c)] *JOHNSON, Justice, delivered the opinion of the court. [*86 The suit below was instituted on a promissory note by the defendant in error. Although it is, in fact, an indorsed note, and so declared on, yet it is admitted to have originated in a negotiation between the maker and...
17 U.S. 48 (_) 4 Wheat. 48 VAN NESS v. BUEL. Supreme Court of United States. *49 STORY, Justice, delivered the opinion of the court. This case differs from that of Jones v. Shore's Executors, in two circumstances; first, that this is the case of a seizure of goods for an asserted forfeiture; and secondly, that before the proceedings in rem were consummated by a sentence, the collector who made the seizure was removed from office. In our *judgment, [*76 neither of these facts affords any...
17 U.S. 128 (_) 4 Wheat. 128 UNITED STATES v. RICE. Supreme Court of United States. *130 February 19th. The cause was argued by the Attorney-General, *253] *for the United States, and by Webster, for the defendant. [(a)] *131 February 22d, 1819. STORY, Justice, delivered the opinion of the court. The single question arising on the pleadings in this case is, whether goods imported into Castine, during its occupation by the enemy, are liable to the duties imposed by the revenue laws upon goods...
17 U.S. 64 (_) 4 Wheat. 64 UNITED STATES v. HOWLAND and ALLEN. Supreme Court of United States. *65 February 4th. The Attorney General, for the appellants. Jones, contrà. *67 February 17th, 1819. MARSHALL, Ch. J., delivered the opinion of the court. The bill in this case was filed by the United States in the circuit court of the district of Massachusetts, to recover from the defendants a sum of money in their hands, alleged to be the money of Jacob Shoemaker and Charles R. Travers, merchants and...
17 U.S. 1 (_) 4 Wheat. 1 TRUSTEES OF THE PHILADELPHIA BAPTIST ASSOCIATION et al. v. HART'S EXECUTORS. [1] Supreme Court of United States. *2 The Attorney-General, for the plaintiffs. Leigh, contrà. *13 MARSHALL, Ch. J., delivered the opinion of the court. It was obviously the intention of the testator, that the Association should take in its character as an association; and should, in that character, perform the trust created by the will. The members composing it must be perpetually changing;...
17 U.S. 59 (1819) 4 Wheat. 59 The SYBIL: DANGERFIELD et al., Claimants. Supreme Court of United States. February 15, 1819. MARSHALL, Ch. J., delivered the opinion *of [*99 the court. This is a case, in which, under its peculiar circumstances, the amount of salvage is discretionary. In such cases, it is almost impossible, that different minds, contemplating the same subject, should not form different conclusions as to the amount of salvage to be decreed, and the mode of distribution. Appeals...
17 U.S. 497 4 Wheat. 497 4 L. Ed. 624 The NEUSTRA SENORA DE LA CARIDAD: BAGES et al. , Claimants. March 12, 1819 1 APPEAL from the Circuit Court of North Carolina. This was a prize allegation against certain goods, taken by a private armed vessel of the United States, the Harrison, during the late war with Great Britain, out of a ship called the Neustra Senora de la Caridad. 2 A claim was interposed by Salvador Bages, and others, Spanish subjects, domiciled at St. Iago, in the island of Cuba,...
17 U.S. 103 4 Wheat. 103 4 Wheat. 104 4 L. Ed. 525 The LANGDON CHEVES: LAMB, Claimant. February 16, 1819 February 3d, 1819. 1 APPEAL from the Circuit Court of Rhode Island. 2 This cause was argued by Hunter and Wheaton , for the appellant and claimant, (a) and by the Attorney-General , for the United States. 3 STORY, Justice, delivered the opinion of the court. 4 This case differs in no essential respect, from that of the Caledonian. The brig sailed from the United States, on a voyage to Lisbon,...
17 U.S. 214 (_) 4 Wheat. 214 The GENERAL SMITH: HOLLINS et al., Claimants. Supreme Court of United States. *215 March 9th. Pinkney, for the appellants and claimants. *216 *443] *March 10th, 1819. STORY, Justice, delivered the opinion of the court. No doubt is entertained by this court, that the admiralty rightfully possesses a general jurisdiction in cases of material-men; and if this had been a suit in personam, there would not have been any hesitation in sustaining the jurisdiction of the...
17 U.S. 105 4 Wheat. 105 4 L. Ed. 525 The FRIENDSCHAFT: MOREIRA, Claimant. February 25, 1819 1 APPEAL from the Circuit Court of NorthCarolina. 2 The shipment in this case was made on the 31st of March 1814, at London, by the house of trade of Moreira, Vieira & Machado, of that city, on account and risk of the house, to Mr. Moreira, one of the partners, who was a native of, and domiciled at, Lisbon, in the kingdom of Portugal. The shares of the two partners, Messrs. Vieira and Machado, who were...
17 U.S. 84 4 L. Ed. 520 4 Wheat. 84 THE EXPERIMENT. February 8, 1819 1 APPEAL from the Circuit Court of Massachusetts. This was a question of collusive capture. 2 The Attorney-General moved to invoke into this cause depositions taken, on further proof, in the case of The George , reported 1 Wheat. 408 . 3 MARSHALL, Ch. J. 4 Original evidence and depositions taken on the standing interrogatories, may be invoked from one prize cause into another. But depositions taken as further proof in one...
17 U.S. 298 4 Wheat. 298 4 L. Ed. 574 The ESTRELLA: HERNANDEZ, Claimant. 1 March 2, 1819 1 APPEAL from the District Court of Louisiana. This vessel and her cargo were libelled in the district court for the Louisiana district, by the alleged former Spanish owner. 2 The libel stated, that he was owner of the schooner and cargo, which sailed from Havana, for the coast of Africa, on the 23d of April 1817; that on the next day, she was lawlessly and piratically captured on the high seas, and held as...
17 U.S. 37 (_) 4 Wheat. 37 The DIVINA PASTORA: The SPANISH CONSUL, Claimant. Supreme Court of United States. *40 Winder, for the appellants. Webster and D.B. Ogden, contra. *42 MARSHALL, Ch. J., delivered the opinion of the court. The decision at the last term, in the case of the United States v. Palmer, 3 Wheat. 610 , establishes the principle, that the government of the United States, having recognised the existence of a civil war between Spain and her colonies, but remaining neutral, the...
17 U.S. 60 (_) 4 Wheat. 60 The CALEDONIAN: DICKEY, Claimant. Supreme Court of United States. *101] This cause was argued by D.B. Ogden, for *the appellant and claimant, [(a)] and by the Attorney-General, for the United States. [(b)] February 16th. STORY, Justice, delivered the opinion of the court. This is the case of an American ship, which sailed from Charleston, South Carolina, with a cargo of rice, bound to Lisbon, about the 28th of May 1813, under the protection of a British license. In...
17 U.S. 70 (_) 4 Wheat. 70 STURGES v. CROWNINSHIELD. Supreme Court of United States. *71 February 8th. Daggett, for the plaintiff. Hunter, contra. *101 *102 February 17th, 1819. MARSHALL, Ch. J., delivered the opinion of the court. This case is adjourned from the court of the United States for the first circuit and the district of Massachusetts, on several points on which the *192] judges of that court were divided, which are stated *in the record for the opinion of this court. The first is,...
17 U.S. 230 4 Wheat. 230 4 L. Ed. 558 SOMERVILLE'S Executors v. HAMILTON. February 20, 1819 1 THIS was an action of covenant, brought in the Circuit Court of North Carolina, by the executors of John Somerville, the younger, against John Hamilton, on the following covenants in a deed of land in North Carolina, from Hamilton to John Somerville, the elder, dated April 15th, 1772. 2 The grantor covenanted with the grantee, his heirs and assigns, that the premises 'then were, and so far ever...
17 U.S. 508 4 Wheat. 508 4 L. Ed. 627 SERGEANT'S Lessee v. BIDDLE et al. March 12, 1819 March 9th, 1819. 1 THIS cause was argued by Martin and C. J. Ingersoll , for the plaintiff, and by Hopkinson and Sergeant , for the defendants. The facts are fully stated in the opinion of the court. 2 March 12th. 3 WASHINGTON, Justice, delivered the opinion of the court. 4 The only question certified by the circuit court for the district of Delaware to this court is, whether certain depositions, taken under...
17 U.S. 221 (_) 4 Wheat. 221 ORR v. HODGSON and Wife, et al. Supreme Court of United States. *224 February 18th, 1819. The cause was argued by Jones, for the defendants and respondents no counsel appearing for the appellant. March 11th. STORY, Justice, delivered the opinion of the court. The whole merits of this cause rest upon the question, whether the defendants, Portia Hodgson, and Cornelia Hopkins, took an estate in fee-simple, in one moiety of the land stated in the bill, by descent,...
