Page:Federal Reporter, 1st Series, Volume 3.djvu/912

 DAILT ». DOE. 905 �tHle of the boat remaining in Dutcher; that Williams navi- gated the boat, and finally secreted the same so that she could not be found by Dutcher, but Williams failed to make the payments; that Dutcher searched for the boat, but she was secreted by Williams, Murtagh, and the libellant, who also altered her appearance for the purpose of concealment ; that Dutcher was not able to fin'd her till about August 28, 1879, when he found her at Port Schuyler, in the county of Albany, state of New York; that he at once commenced an action of replevin, for the possession of the boat, in a court of compe- tent jurisdietion; that the libellant herein duly appeared in said action, and, after trial, judgment was rendered, Septem- ber 8, 1879, in favor of Dutcher and against this libellant, for the possession of the boat and for costs, and that posses- sion was given, by the officer of the court, to Dutcher, under said judgment, the court being a justiee's court, in the county of Albany; that the court had jurisdietion of the cause and of the parties, and that 20 days have elapsed since the judg- ment without any appeal; that on the eighth day of Novem- ber, 1879, Philip Dutcher sold and delivered the boat to one Hallen, and on the tenth day of said November Hallen sold and delivered the boat to the respondent, Susan Dutcher, �The first question that arises in this case is as to the valid- ity and effect of the judgment of the justiee's court, set up in the answer, as an adjudication upon the title or right to the possession of this boat, binding upon the libellant; for if it bô true that, by the judgment of a court having competent juris- dietion of the subject-matter and of the parties, in a suit between Philip Dutcher, the vendor of the respondent, ag plaintiff, and this libellant as defendant, it bas been deter- mined that the respondent's vendor was entitled to the pos- session, this libel, of course, must be dismissed. �It is, indeed, suggested that a party holding under a mar- Bhal's sale is not liable to be dispo^siessed by an action of replevin brought in a state court, and that the justiee's court cannot disregard the decree of this court, and the possession held under it. It appears that in the action in the justice 's- court the title of libellant, as set forth in his libel, was shown,. ����