Page:Federal Reporter, 1st Series, Volume 3.djvu/918

 DÀILT ». DOB. 911- �lant's proctors. The writ oî venditîonî exponaa was issued on the thirteenth of August, 1874, and on the twenty-ninth day of August, 1874, the marshal made return that he had eold the canal-boat Noxon for $600, which he had paid to the clerk of the court. �On the thirty-first of August, 1874, a consent was filed» entitled in the four suits, and subscribed "Horatio N. Walker, Proctor for Claimant, " that the proceeds arising from the sale be paid over to the proctors for the libellants, without the entering of any decrees in said actions. This consent waa dated August 29, 1874. The money was so paid out. �The foregoing is a full statement of ail that appears upon the records or files of this court in said suits. No claim was «ver filed on behalf of any person as owner of said canal-i boat. William Murtagh, the libellant in the first suit, be- came the purchaser at the marshal's sale, and the libellant in this suit purchased the boat, in good faith and for value, of bis executor. �. It is claimed on behalf of the libellant that Walker's appear- ance in the cause was for Philip Dutcher, and bound him, and that therefore his interest is eut off by the decree ; and, if this is net so, that then Philip Dutoher's interest is eut off because he failed to appear. Testimony has been taken in respect to the authority, if any, which Walker had to appear on behalf of Philip Dutcher, and it shows that Philip Dutcher knew noth- ing of the proceedings in this court, and never gave any authority to any person to employ a proctor to appear for him; that the master was using the boat under an agreement with Philip Dutcher, which was in effect an agreement to sell the boat to him upon the paymenfc of a certain price, of which he had paid part; that the master employed Walker to appear and defend the suits; that he represented to him that one Dutcher was one of the owners, and that he, the master, also had an interest, and that still another person was interested in her; that Walker advised the master that he must give security in order to release the boat; that the master pro- fessed to attempt ta iio so, but was unable to obtain bail foi her. And after the other lîbels were filed, and the olaims ����