the guarantor to pay what was due from the principal debtor, there being no new
consideration, must depend upon whether he then had knowledge of all the material
facts. Louisville Manufacturing Company v. Welch, 10 H. 461....460.
An actual contract of marriage, made without the presence of a priest, before a civil
magistrate of Spain, in the colony of Louisiana, while under the dominion of that
power, followed by cohabitation and acknowledgment, was valid, and the offspring
legitimate, according to the laws in force in the colonies of Spain. Hallett v. Col-
lins, 10 H. 174....349.
EVIDENCE, 3. 11; TRUST, 2.
COURTS OF THE UNITED STATES, 16–18.
INFORMATION.
PLEADING, 5.
To maintain a bill for an injunction to restrain a public nuisance, a private person must
prove special damage to himself, and that the injury inflicted is of such a character
that an action at law does not afford an adequate remedy. Irwin v. Dixion, 9 H. 10
....6.
EQUITY, 1. 2; PRACTICE, 1. 2; UNITED STATES, 3.
The
payec of a note may sue thereon, though he has become insolvent under the laws
of Louisiana, he being one of the syndics, to settle his own estate. Randon v.
Toby, 11 H. 493....694.
COURTS OF THE UNITED STATES, 7. 10. 11.
1 An offer by underwriters to insure property on certain terms, sent to the owner by
mail, cannot be revoked after it has been received by him and accepted by a letter
deposited in the post-office the next day, and addressed to the underwriters. Such
acceptance makes a complete contract to insure, which a court of equity will en-
force by compelling the underwriter to pay the amount agreed to be insured.
Tayloe v. Merchants' Fire Insurance Company, 9 H. 390....191.
2 Where the mode of payment of premiums had not been prescribed to an agent, he
could agree to accept the check of the insured, drawn against funds in bank. Ib.
3. If a company refuse to issue a policy, saying nothing as to the preliminary proof of
loss, they waive its production. Ib.
Unliquidated sums, due on contract, bear interest from the time of a judicial demand
by the laws of Louisiana. Barrow v. Reab, 9 H. 366....178.
1. A neutral, who has resided in an enemy's country, resumes his neutral rights, as soon
as he puts himself and his family in itinere to return home to reside; and he has a
right to take with him the means of support for himself and his family, in specie.
United States v. Guillem, 11 H. 47....545.
2. Such property is not forfeited by a breach of blockade by the vessel, on board of
which he has taken passage, if he, personally, is in no fault. Ib.
REVENUE LAWS, 1; TREATY, 1.
BOUNDARY; CONSTITUTIONAL Law, 8; JudGMENT, &c. 3.
JEOFAILS, STATUTE OF.
JUDGMENT, &c. 7.
JOINT DEFENDANTS.
WRIT OF ERror, 2.
JOINT TENANTS AND TENANTS IN COMMON.
The grantee of one tenant in common may defend his possession upon that title.
Webster v. Reid, 11 H. 437....678.
1. If a judgment is set up in a collateral action, against a party who had not opportunity
to plead to the action in which it was recovered, because no notice was given to him
of its pendency, may be avoided by proof of fraud, or it may be shown to be void on
its face. Webster v. Reid, 11 H. 437....678.
2. Where the record shows that the defendant appeared by attorney, this fact cannot
be controverted in an action in which the judgment comes in question only collater-
ally. If voidable for want of notice, inasmuch as on its face it is valid, it should have
been avoided by some appropriate direct proceeding to reverse it. Landes v. Brant,
10 H. 348....418.
3. A judgment, in personam, recovered without any notice, and without any attach-
ment of property on mesne process, though authorized by a law of the territory of
Iowa, is a nullity. Webster v. Reid, 11 H. 437....678.
4. The act of May 26, 1790, (1 Stats. at Large, 122,) providing for the authentication
of records, &c., though it makes a judgment regularly recovered in another State,
and duly authenticated, conclusive evidence of an established demand, as of the date
of such judgment, does not prevent the several States from enacting statutes of limi-
tation, barring actions on such judgments in their courts; and the courts of the
United States, sitting in a State where such a statute exists, must apply it, in an
action at law. Bank of the State of Alabama v. Dalton, 9 H. 522....249.
5. The act of May 26, 1790, (1 Stats. at Large, 122,) does not apply to a judgment
recovered against a non-resident joint debtor, without notice to him; and such a
judgment is not entitled to any faith or credit out of the State in which it was ren
dered. D'Arcy v. Ketchum, 11 H. 165....586.
6. A judgment by default in an action of debt upon promissory notes, is final, and the lien
of the judgment attaches upon its rendition. Clements v. Berry, 11 H. 398... 660.
7. A mistake in the entry of the judgment, as to the name of the defendant, being
rightly named elsewhere on the record, and in the judgment called "the defendant,"
is cured by the statute of jeofails. (1 Stats. at Large, 91, § 32.) Conrad v. Griffey,
11 H. 480....691.
ASSIGNMENT, 3; BANKRUPT; COURTS OF the United States, 8. 9. 16–20. 23;
DAMAGES, 1; EQUITY, 1-3. 5; EVIDENCE, 11; EXCEPTIONS; EXECUTION, 1
JURISDICTION; PLEADING, 4; PUBLIC LANDs, 3; Set-off; Verdict; Writ
OF ERROR, 2.
If a court exercises over the property of a non-resident, on whom no process is served,
any jurisdiction not conferred by law, its act is merely void, not voidable by error or
appeal. Boswell's Lessee v. Otis, 9 H. 336....168.
CONSTITUTIONAL LAW, 1; Courts of the UNITED STATES, 10. 11.
CONSTITUTIONAL LAW, 8; EVIDENCE, 1.
Deed, 2; Execution, 1; Real Action.
LAPSE OF TIME.
EVIDENCE, 11.
LAW AND FACT.
EVIDENCE, 1.
BANKRUPT; LIMITATIONS OF SUITS, 1.
COURTS OF THE UNITED STATES, 8. 9; JUDGMENT, &c. 6.
1. Statutes of limitation, which only bar the remedy, are laws of the forum only; con-
sequently, a statute of limitations of a foreign county, or another State, where the
contract was made, cannot be pleaded in bar.
Townsend v. Jemison, 9 H. 407....
2. The court cannot ingraft, on a statute of limitations, an exception not found therein,
however reasonable and just it may be. Bank of the State of Alabama v. Dalton,
9 H. 522....249.
3. The statute of limitations of Illinois, which makes a possession of seven years a bar,
in favor of one having a connected title deducible from any officer authorized by the
laws of the State to sell such land for non-payment of taxes, does not include a case
where the deed from an officer was void on its face, because the requirements of the
law were not observed in making the sale; and the officer had no authority, accord-
ing to the recitals in the deed, to make the sale. Moore v. Brown, 11 H. 414....
665.
4. An agreement in writing, for a valuable consideration, to extend the time of pay
ment of notes, already payable, and to receive payment at certain times therein
specified, stops the running of the statute of limitations until the expiration of the
extended terms of credit. Randon v. Toby, 11 H. 493....694.
JUDGMENT, &c. 4; WRIT OF ERROR, 3. 4.
COURTS OF THE UNITED STATES, 1. 4. 5. 27.
ACTION, 1; DEED, 2; EVIDENCE, 1; HUSBAND AND WIFE; INSOLVENT INTER-
EST; PUBLIC LANDS, 17-30; REAL ACTION; SALE, 2; TREATY, 1. 3.
A mandamus will not be issued to the secretary of the treasury to compel the payment
of a debt due from the United States, for which no appropriation has been made by
law. Reeside v. Walker, 11 H. 272....623.
COURTS OF THE UNITED STATES, 14. 19. 20. 23.
MARRIAGE.
HUSBAND AND WIFE.
MISSISSIPPI.
BILLS OF EXCHANGE, &c. 2.
BOUNDARY; Execution; PUBLIC LANDS, 8.
MORTGAGE.
DAMAGES, 1; DEED, 3.
NAVY OF THE UNITED STATES.
NEUTRAL AND NEUTRALITY LAWS.
COURTS OF THE UNITED STATES, 7; INTERNATIONAL LAW.
ADVERSE POSSESSION; BILLS OF EXCHANGE, &c. 4. 5; Guarantee.
CONSTITUTIONAL LAW, 5; POST-OFFICE, &c.
The effect of the ordinance of 1787 for the government of the territory northwest of
the Ohio, considered. Strader v. Graham, 10 H. 82....305.
1. The use of clay to make a particular kind of door-knob, that kind of knob being
known, and clay having been used to make door-knobs of other kinds, and the prac-
ticability of using it for this kind of knob being obvious to an ordinary mechanic
acquainted with the business, is not the subject of letters-patent. Hotchkiss v. Green-
wood, 11 H. 248....615.
2. The title to letters-patent granted to an inventor, enures to his assignee under a
deed recorded in the patent-office before the letters were issued, and no further con-
veyance from the patentee to the assignee is necessary to vest the legal title in the
latter. Gayler v. Wilder, 10 H. 477....466.
3. An assignee of a sectional interest in a patent must have the entire right within the
territory specified, to enable him to sue in an action at law under the 14th section
of the patent act of July 4, 1836, (5 Stats. at Large, 123.) Ib.
4. A prior construction and use of the thing patented, in one instance only, which had
been finally forgotten, or abandoned, and never made public, so that, at the time of
the invention by the patentee, the invention did not exist, will not render a patent
invalid.
5. The drawings, as well as the entire specification, may be referred to in explanation
of what is patented. Hogg v. Emerson, 11 H. 587....724.
6. Construction of a specification and claim of letters-patent for an improvement in
rails, &c., held to be substantially a claim for a combination, and that the defendants,
not having used one essential element of that combination, had not infringed. Stimp-
son ▾. Baltimore and Susquehanna Railroad Company, 10 H. 329....412.
7. An assignee of a right to use a patented planing-machine, who has the right to con
tinue the use of a particular machine after an extension of the term of the patent,
according to the decision of this court in Wilson v. Rousseau, 4 How. 646, may re-
place the knives when worn out, without destroying the identity of that particular
machine. Wilson v. Simpson, 9 H. 109....58.
ACTION, 2; COURTS OF THE UNITED STATES, 13; DAMAGES, 2; EVIDENCE, 6·
EXECUTION, 2; PUBLIC LANDS, 8; REAL ACTION; UNITED STATES, 1.
Bond, 1; CONSTITUTIONAL Law, 2–4; Insurance, 2; Post-Office, &c. 3.
Courts of the United States, 10. 11; Set-off.
PETITORY ACTION.
REAL ACTION.
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