19. Under sec. 18 of the Act of May 7, 1822, the col- 4. Equity practice of United States courts is gov-
lector is not entitled to pay for services as inspect-erned by rules prescribed by this court, and is the
same in all the States. Dismissal of the bill for
Stewart v. U. S.,
want of equity, on motion, while parties are per-
20. Collector cannot claim pay for services im- fecting the pleadings, not permitted.
posed by law upon his subordinate.
Betts v. Lewis,
576
5. Where fifteen claims are joined in the same bill,
this, with the other facts, show sufficient ground
for resort to equity.
Garrison v. Memphis Ins. Co.,
6. When a bona fide purchaser has expended
time and money in enhancing the value of the
subject of the purchase, and the true owner seeks
the aid of court of equity to enforce such a title,
the court will administer that aid only when mak-
ing compensation to the purchaser.
1013
7. A trustee having notice that it is doubtful if
the trust fund should be distributed according to
the trusts under which he holds it, should apply to
the court for its direction before he executes the
trust, by paying over the fund.
Idem.
1013
8. Whenever a court of law affords a plain, ade-
quate and complete remedy, the plaintiff must
proceed at law.
Hipp v. Babin,
633
9. So held of an ejectment bill, or bill to recover
land.
Idem.
633
10. To enable plaintiff to show that the rule of the
leader of an association was tyrannical, &c., bill
should have been framed with that aspect.
Idem.
11. Creditor's bill can only reach debtor's interest
in property.
Rhodes v. Farmer,
152
12. Where the property sought to be reached is
received by complainant before decree, the bil
will be dismissed with costs.
Idem.
575
32. That they were out of the jurisdiction of the
court does not excuse their not being made parties
Idem.
575
33. Circuit Court cannot make a decree in the
absence of a party whose rights are necessarily af-
fected thereby.
3. Act of Tennessee, that a deed, when registered
twenty years, shall be presumed to be on lawful au-
thority, though the acknowledgment is not regis-
tered or is informal, validates such registry after
the lapse of that time.
4. Burden of proof that an administrator's sale
was void, falls on him, who, after long time, alleges
it.
533
5. Proof that presidents of insurance companies
in a city had been accustomed to contract orally, is
evidence of their authority.
Com'l Ins. Co. v. Union Ins. Co.,
636
6. Counsel cannot appeal to a jury to decide legal
questions by giving in evidence the opinions of
public officers.
Roberts v. Cooper,
7. An objection in protest against payment of du-
ties "that the goods were not fairly and faithfully
examined," is sufficient to admit evidence that the
appraisers did not examine the original packages,
but only samples, which were not a fair criterion.
Converse v. Burgess,
455
8. Evidence which tends to support any issue, or
has direct effect upon, admissible.
Wade v. Le Roy,
813
9. In action for personal injury, evidence of
34. The objection may be taken on the hearing plaintiff's mental and bodily vigor previous and
below, or on the appellate court.
also subsequent thereto, is admissible.
575
35. On the distribution, by a court, of a common
fund, a person having an interest in the fund, not
a party to the decree of distribution, is not con-
cluded by such decree.
36. He may, by bill or petition, subsequently as-
sert his right, against the trustee of he fund, or
the distributees. Executor, who has distributed, un-
der order of proper court, protected to that extent.
135
37. Those only who have clear, legal title, with
possession, can maintain bill to quiet title or re-
move a cloud.
393
38. The volunteer purchaser of litigious claim, for
nominal consideration, in suit in another court for
same purpose, cannot maintain such a suit for in-
junction.
393
39. Circuit Court should refuse cognizance of bill
of peace for injunction, when the same title is in
litigation in State court of concurrent jurisdiction.
Idem.
393
40. On a bill by a creditor to reach a trust fund
which has passed into possession of a third party,
the trustee and cestui que trust are indispensable
parties.
Mc Rea v. Branch Bank of Alabama,
41. On a bill by one State against another State,
to establish the boundary between them, the Unit-
ed States may intervene on motion, adduce evi-
dence, and be heard, without being a party.
17. Declarations of defendant that he was not a
partner made to plaintiff after the partnership
debt was incurred, are not evidence conclusive of
181 that fact.
831
42. The court will consider the evidence offered
by the United States. But as the United States are
not a party, no judgment will pass for or against
them.
Idem.
ESTOPPEL.
1. One who takes deed of property as security for
a loan, is estopped from contesting borrower's title.
McMicken v. Perin,
18. Depositions which relate to the declarations
of such party, that he was not such partner, not
made in plaintiff's presence, are inadmissible.
2. He is equally estopped from alleging that bor- (3) PAROL, TO
rower's title was procured by illegal contract.
CONTRADICT, VARY OR EXPLAIN
WRITING.
19. Evidence of prior declarations or conduct in-
admissible to contradict or vary a contract.
Baker v. Nachtrieb,
528
20. Where lands are conveyed by reference to a
recorded plat, parol evidence is inadmissible in
(3) PAROL TO CONTRADICT, VARY OR EXPLAIN ejectment to show mistakes in the plat.
21. The Minnesota Statute that directs the signa-
1033
976
27. Parol evidence that an official survey was im-
properly made of the wrong tract, inadmissible.
47. If there were any irregularities or errors in
the proceedings they were not open to examination
in the Circuit Court, coming in, as they, collateral-
ly, as evidence of title.
Idem.
48. Where a civil law conveyance was made in a
notary's book, and a copy furnished to the grantee,
as a second original, to let in the copy as evidence,
it may be proved by a witness that he had com-
pared it with the original on file on the notary's
book, that it was a true copy, that the notary was
dead, and that his handwriting was genuine that
one of the subscribing witnesses to the act of sale
was also dead, and that his signature was genuine.
White v. Burnley,
886
49. In action on official bond, against officer and
sureties, transcript of officer's account from books
of Treasury Department is evidence.
Bruce v. U. S.,
50. It is only prima facie evidence. If party dis-
28. Extrinsic evidence is only admissible to ex-putes it, he should obtain original vouchers, and
plain ambiguities arising out of extrinsic circum- show the error.
stances, as to persons, objects, and the like.
396 51. Authenticated copies of such vouchers need
not accompany the transcript.
29. But evidence not admissible to show different
intention from what the words of a will disclose.
Idem.
396
30. Evidence of memoranda of testator from
which will was made, or of his declarations, are
not admissible to explain a word, or show the
meaning of a clause, in a will.
Idem.
396
31. Evidence of the amount and condition of his
estates, &c., not admissible for same purpose.
Idem.
129
52. Transcript not evidence of an item of which
the accounting officers could have no official
knowledge..
Idem.
129
53. Record of recovery against administrator in
one State, is no evidence of a demand against an
administrator of the same person in another State.
Mc Lean v. Meek,
54. The certificate of the Surveyor-General which
was accepted by the grantees, is record evidence of
title.
Kissell v. St. Louis Pub. Schools,
324
55. A printed report in the American State papers
is competent evidence.
674
Bryan v. Forsyth,
EXCEPTIONS.
EXECUTORS AND ADMINISTRA-
TORS.
1. An account on which a recovery has been had
against an administrator in one State, remains,
notwithstanding such recovery, an open account
against an administrator of same person, in anoth-
er State, and is governed by the Statute of Limita-
tions in regard to accounts in the latter State.
Mc Lean v. Meek,
135
2. On sale of land by administrator, vendee not
bound to look to application of purchase money.
Long v. O'Fallon,
550
3. Administrator's failure to account is a deras-
tavit for which he and his sureties are liable on their
official bond.
883
2. A third party cannot raise in ejectment the
question of fraud as between the grantor and
grantee, and thus look beyond the patent or grant.
Field v. Seabury,
650
3. It is a question exclusively between the sov-
ereignty making the grant and the grantee.
Idem.
650
4. A patent cannot be collaterally avoided at
law for fraud.
Idem.
5. Judgment sustained on the question of fraud
on the facts.
Hudgins v. Kemp,
853
6. Court below rightfully ordered sale of prop-
erty fraudulently conveyed, without permitting
fraudulent grantee to redeem on paying creditors.
Idem.
7. Parol testimony is inadmissible to show that a
contract was different from the one reduced to
writing, unless it can also be shown that the party
was fraudulently deceived and misled as to its con-
tents. Selden v. Myers,
976
8. Where one is dealing with an unlettered man,
who can neither read nor write,and makes his mark,
it is incumbent on the former to show past doubt,
that the latter fully understood the object and im-
port of the writings which he executed.
1. In Alabama, wife of grantor is not liable on
the covenants of the deed.
229
2. A succession accruing to the wife during mar-
administer without consent or control of her
riage is her paraphernal property, which she may
husband.
in writing, to her husband.
3. The wife may give the control of this property,
577
4. The husband has no power without the wife's
concurrence and action, to convey her real estate.
Idem.
577
INDIANS.
1. The Cherokees are within our jurisdiction, and
bear relation to our government similar to a do-
mestic territory. Agent of Cherokee administra-
tors, could receive and receipt for money in the
District of Columbia.
299
2. Removal of tribes of Indians, under treaties,
must be made by the United States.
Fellows v. Blacksmith,
684
3. They cannot be expelled from their homes by
the irregular force and violence of individuals who
had acquired title to them, or through the inter-
vention of courts of justice.
Idem.
4. The grantees derived no power under the
Treaty of 1838 or 1842, to dispossess, by force, the
Seneca Indians, or right of entry to sustain an
ejectment.
Idem.
684
5. A treaty is the supreme law of the land. Courts
cannot annul its effect or operation.
Idem.
684
INJUNCTION.
1. Where the title to property sold fails, and
vendee has been disturbed in his possession by
paramount title, and vendor is insolvent, a court
of equity may restrain a collection of the purchase
money, and may offset the damages occasioned by
failure of title against any unpaid purchase money.
Wanzer v. Truly,
216
2. Circuit Court should refuse cognizance of bill
of peace for injunction when the same title is in
litigation in State Court of concurrent jurisdiction.
Orton v. Smith,
393
9. The question of fraud is a question of fact for INSOLVENT LAWS.
the jury under the instruction of the court.
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11. If the vendor remains in possession, it is ordi-
narily a badge of fraud, and requires explanation.
Idem.
950
HIGHWAYS.
1. The Corporation of Washington has the trust
confided to them, and the duty imposed upon them,
of opening the streets and keeping them in repair.
Smith v. Corportion of Washington,
850
2. Streets cannot be kept in repair, or made con-
venient for public use, without being made level,
or as nearly so as the nature of the gronnd will per-
mit. Idem.
850
3. If the duty imposed on the corporation re-
quire this to be done, the power must be co-ex-
tensive with the duty.
4. State insolvent law constitutional.
Idem.
INSURANCE.
1. An insurance company which had paid losses
by fire, to the shippers, is subrogated to their
claims for such losses against the owners of the
vessel.
Commercial Ins. Co. v. Union Ins. Co., 636
2. Agreement by parol to make insurance is good.
Idem.
636
3. Statute of Massachusetts which provides that
insurance corporations can make valid policies
only by having them signed by their president and
secretary, only directs the formal mode of signing
policies, and has no application to agreements for
insurance.
Idem.
636
4. A promise for a valuable consideration to make
a policy is no more required to be in writing than
a promise to execute à bond, bill, or note.
636
6. Proof that presidents of insurance companies
in a city had been accustomed to contract orally,
is evidence of their authority.
799
3. Cases in admiralty are not embraced in the
sixty-second rule.
799
4. No rule fixing any certain rate of interest
upon decrees in admiralty when the decree is
affirmed, can be adopted with justice to the parties.
Idem.
799
5. A discretionary power is reserved, to add to the
damages, further damages, by way of interest,
where, in the opinion of this court, the appellee is
entitled to such additional damages.
Idem.
799
6. This allowance of interest, pro tanto, is a new
judgment.
Idem.
799
7. When the court is equally divided, they cannot
change the decree of the Circuit Court, nor exercise
its discretionary power to allow interest; for this
would have been a new decree.
Idem.
799
8. Where such a judgment is affirmed by opera-
tion of law on equal division of this court, this
court cannot allow interest on the decree.
9. A garnishee is not bound to pay interest, but
if he used the money as his own, he is bound to
account with interest.
845
10. The eighteenth and twentieth rules of this
court were annulled by the sixty-second rule of 1851,
allowing interest on judgments at common law, and
decrees in chancery upon affirmance.
845
11. But cases in admiralty are not embraced in
the sixty-second rule. If interest be given in them
in this court it must be in the exercise of its dis-
cretionary power.
Idem.
JUDGMENT.
SEE FORMER ADJUDICATION.
1010
4. Of an action for failure to furnish manuscript of
opinion under contract by a reporter of a court,
this court has no jurisdiction.
Little v. Hall,
5. Courts of justice have no power to revise acts
of the Surveyor-General, in regard to the school
lands.
Kissel v. St. Louis Public School,
324
6. On bill to declare void for fraud, a decree of
petition where the parties interested are not
before the court, the court has no jurisdiction.
Coy v. Mason,
125
7. Where the jurisdiction of the Circuit Court is
properly alleged, defendant can only impugn it by
special plea.
Wickliffe v. Owings,
8. Equity has jurisdiction to grant perpetual in-
junctions to quiet titles, after they have been
settled at law.
Idem.
44
9. Amendment to pleadings, necessary to give
the court jurisdiction will not be allowed in this
court.
Udall v. Steamship Ohio,
10. Jurisdiction of District Court over parties is
acquired only by service of process or voluntary
appearance.
Herndon v. Ridgway,
100
11. District Court cannot issue process to another
State. Where essential defendants decline to appear,
and process cannot be served, the court is without
jurisdiction.
Idem.
100
12. In such case the cause will be dismissed on
motion.
Idem.
100
13. In order to give jurisdiction,in cases of division
of opinion, from Circuit Court, it is necessary-
1. They must be questions of law and not questions
of fact, distinctly and particularly stated-
2. The points must be single and not bring up the
whole case for decision.
489
14. In a suit by or against a corporation, in its
845 corporate name, an averment that they were cití-
zens of a particular State, is sufficient to give juris-
diction.
19. A Sovereign State cannot be sued in its own
courts, or in any other, without its consent and
permission; but it may waive this privilege, and
permit itself to be made a defendant in a suit by
individuals, or by another State.
21. In exercising this latter power, the State vio-
lates no contract with the parties; it merely regu-
lates the proceedings in its own courts.
993
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