Page:United States Reports, Volume 1.djvu/80

 Rh  ledged in court, and the regitring of it in the Prothonotary’s office (as is always done) is a ufficient recording within the act.

Sergeant and Ingerol oppoed the reading a deed in evidence, upon this ground: that by the act of aembly lat mentioned, all deeds not recorded in the Rolls Office, according to the particular directions of that act, are declared void as againt ubequent purchaers, and therefore, though this deed was dated before the heriff’s deed, under which the defendant claimed, yet as it was not recorded till afterwards, they inited it was void, and could be no evidence at all.—: And C. J. aid, we cannot hinder the reading of a deed under eal, but what ue will be made of it is another thing: and he cited the cae of Ford v. Lord Grey 6. Mod. 44. 

EE cae was this:—In the cloe of the year 1777, one Stephen Backhoue arrived at Philadelphia from Liverpool, the troops of the king of Great-Britain being at that time in poeion of the city. Backhoue brought with him a large and valuable cargo of alt, which he tored in the warehoue of one Pritchard, and after a hort tay in Philadelphia, he went to New-York, (then likewie in the poeion of the Britih troops) conigning the alt to Mers. Jones, Backhoue and Foulk, of Philadelphia, with directions that they hould elt it for him, at the bet price they could get, but not under a dollar per buhel. Backhoue, one of the conignees, was no relation whatever of Backhoue the owner.—The conignees, accordingly, old part of the alt to different perons, and on the 17th of June 1778, they old the remainder to Wilcox, the plaintiff. On the 18th of June 1778, (the day ucceeding the ale) the Britih troops evacuated Philadelphia. In January 1779, it was eized for the commonwealth as the property of the enemy. And the quetion was, whether the alt was the property of Wilcox, the plaintiff; or became forfeited to the State of Pennylvania, as being the property of a Britih ubject?

It is to be oberved, that no money was paid by Wilcox to the conignees at the time of the ale, though the key of the tore was delivered to him. The price of the alt was to be a dollar per buhel; and the agreement, at the ale, was, that if the alt hould be in the city when the American army entered it, then the money hould be paid for it within (I think) two or three months; but that if the alt should be detroyed or taken the Britih troops, in that event, the contract hould be null and void. Thee conditions were annexed to the agreement from a general apprehenion, that the Bri- tih