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284

1. See Copper,
2. The law punishes the attempt, not
the intention to defraud the reve-
nue by false invoices. United
States v. Riddle,
311
3. A doubt respecting the construc.
tion of a law may be good ground
for seizure, and authorize a certi-
ficate of probable cause. Id. ib.
4. Duties upon goods imported do not
accrue until their arrival at the
port of entry. United States v.
Vowell,
368
5. The duty upon salt, which ceased
with the Sist of December, 1807,
was not chargeable upon a cargo
which arrived within the collection
district before that day, but did

not arrive at the port of entry until
the 1st of January, 1808. United
States, Fowell,
-368

E

ENDORSEMENT.

1. A blank endorsement on a blank
piece of paper, with intent to give
a person credit, is, in effect, a let-
ter of credit; and if a promissory
note be afterwards written on the
paper, the endorsor cannot object
that the note was written after the
endorsement. Violett v. Patton, 142
2. Before resort can be had to the en-
dorsor of a promissory note in Vir-
ginia, the maker must be sued, if
solvent; but his insolvency ren-
ders a suit against him unnecessa-
ry. Id..
ib.
3. In Virginia a remote endorsor of a
promissory note is liable in equity,
but not at law. Riddle v. Mon-
deville,
322
4. An endorsor has the same de-
fence in equity against a remote,
as an immediate endorsee. Id. ib.
5. An endørsor, sued in equity, has a

right to insist that the other en-
dorsors be made parties. Id. ib.
6. In Virginia, the holder of a pro-
missory note with a blank endorse-
ment has a right to fill it up to
himself. Id.
ib.
7. The endorsement of a promissory
note, is prima facie evidence of a
full consideration. Id.

ib.

49

8. Sec Bank of Alexandria, 2.
9. Quare, whether the undertaking of
the endorsor of a note to a bank in
Virginia be not different from that
of an ordinary endorsor?
v. The Bank of Alexandria,

Yeaton

49
49

10. See Accommodation, 1, 2.
11. The endorsor of a promissory note,
who endorsed to give credit to the
note, and who is counter-secured
by property pledged, is not liable
upon the note, nor in an action for
money had and received, unless

the plaintiff show that the maker
is insolvent, or that he has brought
suit which has proved fruitless.
It is not sufficient to show that the
maker is out of the reach of the
process of the court. Dulany v.
Hodgkins
333

EQUITY.

1. It is equity alone which can restrain
a joint creditor from receiving his
full dividend out of the separate ef.
fects of one of the partners until
the joint effects are exhausted.
·Tucker v. Oxley,

2. See Jurisdiction, 10. 12.
3. See Virginia,

34

191

234

ib.

4. The first survey, under a military
land warrant in Virginia, gives the
prior equity. Taylor v. Brown, 234
5. A subsequent locator of land in
Virginia, without notice of the
prior location, cannot protect him-
self by obtaining the elder patent.
Id.
ib.
6. In Virginia, the patent relates to
the inception of title, and therefore,
in a court of equity, the person
who has first appropriated the
land, has the best title. Id. ib.
7. The equity of the prior locator ex-
tends to the surplus land surveyed,
as well as to the quantity mention-
ed in the warrant. Id.
8. In equity, time may be dispensed
with if it be not of the essence of
the contract. Hepburn v. Auld, 252
9. A vendor of land may compel a
specific performance, if he can
make a good title at the time of
decree, although he had not a good
title at the time, when by the
terms of the contract the landought
to have been conveyed. Id.
A court of equity will not compel a
specific performance unless the
vendor can make a good title to
all the land contracted for. Id. ib.
11. See Jurisdiction, 12.
See Endorsement, 3, 4, 5.
13. Equity will make that party immer
diately liable who is ultimately lia-

10.

12.

ib.

288

322

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4. Copies of the proceedings in the
vice-admiralty court of Jamaica are
admissible in evidence when certi-
fied under the seal of the court by
the deputy registrar, who is certi-
fied by the judge of the court, who
is certified by a notary public.
Yeaton v. Fry,

335
5. Depositions, taken under a commis-
sion issued at the instance of the
defendant, may be read in evidence
by the plaintiff, although the plain-
tiff had not notice of the time and
place of taking the same. Id. ib.
6. See Payment,

Endorsement, 7.

11

322

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154

1. See Deeds, 3, 4.
2. Fraud consists in intention; and
that intention is a fact which must
be averred in a plea of fraud. Moss
v. Riddle,
351
3. If the owner of a slave permit her
to remain in the possession of A.
for four years; and A. then, with-
out the assent of the owner, deli.
vers her to B. who keeps her four
years more, the possession of B.
cannot be so connected with the
possession of A. as to make it a
fraudulent loan, within the act of
assembly of Virginia, in regard
to B.'s creditors. Auld v. Nor-
wood,
362
A magistrate who has received
from an insolvent debtor, a deed
of trus, fraudulent in law as to
creditors, is incompetent to sit as a
magistrate in the discharge of the
debtor under the insolvent law of
Virginia; and the discharge so ob-
tained is not a discharge in due
course of law. Slacum v. Simma,

4.

363

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1. See Citizen, 1, 2.
-2-A general policy, insuring every
person having an interest, and con-
taining no warranty of neutrality,
covers belligerent as well as neu-
tral property. Hodgson v. Marine
Ins. Co. Alex.

100
3. It is no defence for the underwri-
ters, that payment of the premium
is enjoined by a court of chancery.
Id.

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ib.

ib.

4. A misrepresentation, not averred
to be material, is no bar to an ac-
tion on the policy. Id.
5. A misrepresentation, to have that
effect, must be material to the
risk of the voyage. Id.

ib.

6. It is not necessary, in an action of
covenant on a policy, that the de-
claration should aver that the
plaintiff had abandoned to the un-
derwriters. Id.

ib.

7. If the insurance be against all
risks, "plockaded ports and Hispa-
niola excepted," a vessel, sailing
ignorantly for a blockaded port, is
Covered by the policy; the excep-

JERSEY, NEW.

See New Jersey,

173

JOINT DEBT.
See Bankrupt, 1, 2. 4.

34. 289

JUDGE.

A discharge of an insolvent debtor,
under the laws of Virginia, by two
magistrates, one of whom was in-
competent by reason of interest, is
void. Slacum v. Sims,
363

JURISDICTION.

1. A writ of error does not lie from
the supreme court of the United
States to the district court of the
United States for the district of
Maine. United States v. Weeks, 1
2. In an action of trover, if the judg-
ment below be in favour of the de-
fendant, the value of the matter in
dispute upon the writ of error in
the supreme court of the United
States, is the sum claimed as da
mages in the declaration. Cook v.
Woodrow,
13
3. A corporation aggregate cannot li-
tigate in the courts of the United
States, unless in consequence of
the character of the individuals
who compose the body politic;
which character must appear by

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7. Although the claims of a state may
be ultimately affected by the de-
cision of a cause, yet if the state
be not necessarily a defendant, the
courts of the United States are
bound to exercise jurisdiction. Id.
ib.
8. The inferior court of common
pleas for the county of Hunterdon,
in the state of New Jersey, in
May, 1779, had a general juris-
diction in all cases of inquisition
for treason,' and its judgment, al-
though erroneous, was not void,
inasmuch as the court had juris.
diction of the cause. Kempe's
Lessee v. Kennedy,
173
9. The courts of the United States are
all of limited jurisdiction; and
their proceedings are erroneous if
the jurisdiction be not shown
upon them. Id.
20. In Kentucky it is a good ground of
equitable jurisdiction, that the de-
fendant has obtained a prior pa.
tent for land to which the com-
plainant had the better right, un
der the statute respecting lands;
and in exercising that jurisdic-
tion, the court will decide in con-
Formity with the settled principles
of a court of chancery. Podley v.
Taylor,
191
11. Time will be given to procure affi-
davite as to the value of the matter
in dispute, so as to ascertain the
jurisdiction. Rush v. Parker, 287
12. The circuit court has jurisdiction
in a suit in equity to stay proceed-
6

ib.

13.

14.

ings upon à judgment at law be-
tween the same parties, although
the subpana be served upon
the defendant out of the district in
which the court sits. Logan v.
Patrick,
288
Although the plaintiff be described
in the proceedings as an alien, yet
the defendant must be expressly
stated to be a citizen of some one
of the states; otherwise the courts
of the United States have not juris-
diction of the case. Hodgson v.
Bowerbank,
303
The trial of seizures under the
act of the 18th of February, 1793,
"for enrolling and licensing ships
or vessels to be employed in the
coasting trade and fisheries, and
for regulating the same," is to be
in the judicial district in which
the seizure was made; without
regard to the district where the
forfeiture accrued. Keene v. United
States,

15. See British Treaty,

304

344

16. An appeal from the district court

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