Page:United States Reports, Volume 2.djvu/87

 Sunsus Coun or Pmjlnanb. li I The note with which the Reporter has been favorcddoes not 1 766. fpecify, whether the tellimony was admitted or rejected; but S/rsl there was a verdiét in favor of :}%;.5 $t.z:Lb::¢·, for the whole •f his claim. Mnsrans Lellee veg/Iv: Srzurs. YI-WHE oilice copy of a furvey, certified- by Ro5rrt_Laug/bm, as deputy furvcyor-general, without {cal (no feal being el`- tablilhed bylaw for the furveyor-general’s ollice) was given in. evidence : the  not in ollice. Taxnzx, et. al, wife: Swear, ez. nl. HE plaintifbrought an aéiion of Trwer, Uagainli the de- ` fendants, for a vefiicl and cargo, returnable to the Common Pleas of june term, r76g. The declaration recited, that the plaintiffs were poll`eli`ed of the veifel and cargo, to wit, at Phila- deqxbzh County, the gy? of 1`blnrrb, I76Z; that they cafnall lofi: them; that the faid 3 yr of LIar¢·lg, they came to the poll fellion of the defendants by finding; and that neverthelefs the defendants, knowing the goods to belong to the plaintiffir, did not , deliver them, 8rc. but afterwards, on the fame day and year, converted them to their own ufe, at Philadrfbbia County, Src. · - The aéiion being removed into this Court, was rekrresl at April term, 1 771, and the referrees reporte¢E[2,9oo to bc due to the plaintilfs, fubjeél to the opinion of the ourt, on thepoint of law ariling from the following faéis. The defendants, Smuurl Sweet, commander of a privateer, xfhrnbum Wbq;pIr, _7um¢: Potter, and FYGIIiam Davis', command- ers of velfels with Letters of Marque, did farcibl take on tb: bigbjiw near Jllonte Cbrgfi, in the Iiland of H{%;`_PdHf0ld, in the W g/P-Indier, (where the velfel was lying at anchor) the {hip. called·the Maria Franrimz, with her cargo, being the property of the plaintiffs, and carried her with her cargo into Rhode- ylund; at which place {he and her cargo were condemned as prize and fold, as appeared by the proceedings of the Court of Vice Admiralty there. But on an appeal to the Court of Lou! Cornmillioners of appeals, they, by their final decree, reverfed the fcntence of condemnation, as appeared by a certificate of · the proceedings of that tribunal. The queliion to be decided, on the preceding {tate of the cafe, was-wh·:thcr an aélion at cpmmou law lies for the plaintilfs r t · *5

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