Page:United States Reports, Volume 2.djvu/237

 Sumatra Coun or Pmnyylwaia. ag: ecuted, unlefs polfelhon has gone along with them 5 but in the rygg. cafe of gfx papers, it has beenthe invariable praéticc, to give www albpapers found in a public oiiiee, in evidence, without regard to the formalities of execution. The only queltion, therefore, is whether the paper, now offered, was found under fuch cir- cumltances of authenticity as to render it proper evidence ? It is found in the cullody of a public ollicer ; and it can be prov- ed, that it was in the Surveyor General'a oflice, as early as the year 1763. Br Tx-na Couwr :—Itis plain that the paper offered, is not the bell: evidence of which the nature of -the cafe admits; for, if the original was produced, it might be proved to be in the hand-writing of a proper odicer; or the contrary might be made - to appear. We cannot, indeed, oonlider it as a regular oilice paper. The furvey is not returned into the Secretary’s oilice, as the exprefs words of the warrant enjoins ; nor does it, in any way, appear, that it was made by an authorifed perfon. The evidence mult, therefore, be rejected. Wih·u£:, E. Yifgbman, Siignavu, for the plaintiff : Brad- ford, Ingerfall, Lewir and Tboma: for the defendant} RAPBLJB verfru Emanr. . VERDICT having been taken for the plaintiff in this 2, OD A caufe, fubjeét to the opinion of the Court, the queition ' (ariling upon the fame faéls, fct forth in the dccilion in the 4 Common Plea: unt. gt.) was argued in April Term lalt, on a _ motion for a new trial, and the ]udges now delivered their o- Ez pinion jériatbn to the following eH`e&. M‘KEAN, Cbigf _7:_¢i¢¢:-·Upon every view of the fubjeff, Iam of opinion, that a new trial ought to be granted. The proceedings of the Court of St. Eq/lutzlw we mull: prefume to be conformable to the law of the place ; the decifion appears to be Ilriélly ull ; and, independent of the merits, we are bound by it, as the decilion of a competent tribunal. $1-tlreex, _7:y}ir~¢. Having delivered my fcntiments at large, —‘ in tlus aélion, from another Bench, I mean now only to take notice of two new cafes, cited at the 1:10 argument by the plain- till"s counfel, tolhcw that aélions for money had and received, had been brought and fupportetl againlt plaintiffs, who had re- coyercd upon foreign attachments, to oblige them to refund to third perfons, the money fo recovered. Thcfe are the cafes of Hunter title, were al`t:rxvards1btgl·:d_ by a comp:·omiIi· between the partie;.
 * This Cafe, and many other Ejectntcnts depending on the fame

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