Page:Federal Reporter, 1st Series, Volume 6.djvu/744

 732 federal reportes. �Bargb No. 6.» �{Distria Court, E. D. Pe:int'jU)%nia. March 29, 1881.) �1. Admibaltt— Sale op Boat — Birii of Sale — Execution oi* -b? Il- �MTEKATB MA3Sr UnDEB MiSAPPRBHENSION A8 TO ITa CONTENTS— �Fkaud. �A bill of sale of a boat was executed, but net acknowledged. The vendor testified that te was an illiterate man ; that the bill of sale had not been read to him, but that he had signed it supposing it to contain an agreement for a pledge of the boat, the terms of which had been previously arranged between the parties. The vendee, on the other hand, testifled that the vendor had agreed to sell the boat ; that the bill of sale had been drawn up in accordance with that agreement, and had been read to the vendor before signing. Hdd, as a matter of fact, {upon a review of the collateral evidence teuding to corroborate orcontradict these respective allegations.) that imposi- tion had been praoticed in obtaining the vendor's signature to the bill of sale. �In Admiralty. Libel for Possession. �The evidence disclosed the following facts : In February, 1878, Patrick Hogan, the libellant, who was then the owner of the barge in controversy, chartered her, to be manned by himself, to one William Holeman. While employed under this charter the boat was, during a temporary absence of Hogan, and while manned by a person appointed by Hole- man, sunk at the wharf. She was raised and repaired at a cost of about $400, Hogan being unable to pay for the repairs they were paid for by Holeman, and at the same time Hogan executed to him a bill of sale of the boat, the consid- eration named therein being the sum of $500. This bill oi sale was duly witnessed but not acknowledged. After its execution the barge continued to be used in the service of Holeman and manned by Hogan, who, however, received but $10 per week. In September, 1880, a dispute arose between the parties, Hogan claiming the ownership of the boat and refusing to quit her. Upon Holeman's eomplaint Hogan was thereupon arrested for stealing the boat, but was discharged on habeas corpus. During Hogan 's imprisonment Holeman �*Reported by Frank P. Prichard, Esq., of the Philadelphia bar. ��� �