2. In admiralty cases, an appeal sus-
pends the sentence altogether;
and the cause is to be heard in the
appellate court as if no sentence
had been pronounced. Yeaton et
al. v. United States,
281
3. If the law, under which the 'sen-
tence of condemnation was pro-
nounced, expire after sentence in
the court below, and before final
sentence in the appellate court, no
sentence of condemnation can be
pronounced, unless some special
provision be made, for that pur-
pose, by statute. Id.

"

ib.

4. If errors appear upon the face
of the report of auditors, it is not
necessary to except.

Rose,

Himely v.
313

5. If the property ordered to be re-
stored, be sold, interest is not to
be paid. Id.

6. See Jurisdiction, 1. 17.

ALEXANDRIA.

ib.

373

2. The Bank may maintain a suit
against the endorsor of such a note
without having sued the maker, or
proved his insolvency. Yeaton ▼.
The Bank of Alexandria,

3. See Accommodation, 1, 2.

BANK OF UNITED STATES

1. See Citizen, 1, 2.

See Jurisdiction, 4.

49

49

57.61
61

2. The Bank of the United States de-
rived no authority from its charter
to sue in the courts of the United
States. Bank of The United States
v. Deveaux,

BANKRUPT.

62

1. Under the bankrupt law of the Uni-
ted States, a joint debt may be set
off against the separate claim of the-
assignee of one of the partners;
but such set-off could not have
been made at law, independently
Tucker v.
of the bankrupt law.
34
Oxley,

2. A joint debt may be proved under
a separate commission, and a full
dividend received. It is equity
alone which can restrain the joint
creditor from receiving his full di-
vidend until the joint effects are
exhausted. Id.
3. In distributing the effects of a

35

a feme sole, intermarries, after the
judgment, and before the service
of the writ of error, the service of
the citation upon the husband is
sufficient. Fairfax v. Fairfax, 19
2. The court will not compel a cause
to be heard, unless the citation be
served 30 days before the first day
of the term. Welch v. Mandeville,
321

CITIZEN.

The

1. A corporation aggregate cannot be
a citizen, and cannot litigate in the
courts of the United States un-
less in consequence of the cha
racter of the individuals who
compose the body politic, which
character must appear, by proper
averments, upon the record.
Hope In. Co. v. Boardman,
Bank of United States v. Deveaux, 62
A corporation aggregate, composed
of citizens of one state, may sue
a citizen of another state in the
circuit court of the United States.
Bank of United States v. Deveaux, 61
3. See Jurisdiction, 13.
303

2.

CONSIDERATION.

57

1. In a suit against the endorsor of a
promissory note, who endorsed to
give credit to the maker, the con-
sideration moving from the en-
dorsee to the maker, upon the cre-
dit of the endorsor, is a good con-
sideration to support the assumpsit
against the endorsor. Yeaton v.
49
Bank of Alexandria,

2. To constitute a consideration, it is
not necessary that a benefit should
accrue to the promissor; it is suf-
ficient that something valuable
flows from the promissee, and that
the promise is the inducement to
the transaction. Violett v. Patton,
142
3. Under the statute of frauds of Vir
ginia it is not necessary that the
consideration should be expressed
in writing. That statute only re-
quires the promise to be in wri
ting. Id.
4. The endorsement of a promissory

ib.

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. Man-
deville,

322
4. An endorsor has the same de-
fence in equity against a remote,
as an immediate endorsee. Id. ib.
5. An endorsor, 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.

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

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.
ib.
8. In equity, time may be dispensed

with if it be not of the essence of
the contract. Hepburn v. Auld, 262
9. A vendor of land may compel à

10.

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. ib.
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.
See Jurisdiction, 12.
12. See Endorsement, 3, 4, 5.
13. Equity will make that party imme-
diately liable who is ultimately lia-

11.

288
322

4. It is not error to suffer the parties
to amend their pleadings. Man-
deville v. Wilson,

15

5. An erroneous judgment of a compe-
tent court is not void. Kempe v.
Kennedy,
173
6. It is no ground for a writ of error,
that the court below refused a new
trial, moved for on the ground
that the verdict was contrary to evi-
dence. Marine In. Co. v. Young,
187

7. It is no ground for a writ of error
that the judge below refused to
reinstate a cause after nonsuit.
United States v. Evans,
280

8. A writ of error will be dismissed,
if neither party appears when the
cause is called. Radford v. Craig,

ESCROW.

See Bond,

EVIDENCE.

289

351

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, T.

11

322

1. See Deeds, 3, 4.

154

2. Fraud consists in intention; and
that intention is a fact which must
be averred in a plea of fraud Mosa
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,
$62
4. A magistrate who has received
from an insolvent debtor, a deed
of trust, 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. Simms,

363