Page:Federal Reporter, 1st Series, Volume 3.djvu/911

 804 FEDERAL REPORTER. �W. E. Beche, for libellant. �J. A. Hallen and W. Mynderse, for respondent Duteher. �T. Saundcrs, for owners of cargo. �Choate, D. J. This is a suit to recover possession of the canal-boat A. Noxon. The libel alleges that the libellant is, and ever since July, 1876, bas been, the sole owner of the canal-boat; that in July, 1876, he beeame the owner of the boat by a purehase from the executors of one William Mur- tagh, the same having been sold under a writ of venditioni exponas issued out of this court, and bought in by the said Murtagh August 2S, 187e; that the respondent, John Doe, whose real name is unknown, is in the unlawful possession of the boat, and unlawf ully refuses to allow the libellant to take possession of her, and has kept the libellant from the lawful possession of the same since about the year 1879. The libel alleges a demand and refusai to deliver possession of the boat. �One Susan Duteher appears as respondent. Her answer denies that the libellant is the owner of the boat. It admits that the boat was sold under a writ of venditioni exponas issued out of this court, but alleges that the writ was fraudulently obtained, by collusion between one Walker and said Murtagh and one Williams, the master of the boat ; that Walker pre- tended to act as the authorized proctor of the owner bf tho boat, though he was not authorized to act as such by the owner, and acted as such without the knowledge or consent of the owner; that Murtagh obtained no title to the boat, and that she was never sold under any valid judgment or decree; that the respondent is the lawful owner, and entitled to the possession of the boat. The answer also denies the alleged demand and refusai, and denies the jurisdiction of the court. It then alleges that in 1867 one Wennie, the builder of the boat, sold and delivered her to one Philip Duteher; that in April, 1873, Philip Duteher entered into an agreement with James M. Williams, by which Duteher agreed to transfer the boat to Williams in consideration of $2,000, and Duteher agreed to give Williams a bill of sale, when the payments agreed upon had been actually made, in the meantime the ����