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Hodgson v. Butts U.S. 140 (1805)

handle is hein.slavery/ussccases0036 and id is 1 raw text is: SUPREME COURT U. S. 11ODGSON v. BUTTS. A hnzwgageof ERROR to the circuit court for the district of Co- chattels in lumbia, sitting at Alexandria, in'an action for mone Vir in*a, is voic as to re had and received, to recover from the defendant, who ditors and Was master of the schooner Mississippi, the amount of subsequent freight .received by him subsequent to the mortgage of purchasers, the said.schooner, b R.'& J. J12milton, (the foriner unless it be s y acknowledg- owners) to the plaintiff. od, or proved bythe oaths of On the trial of the general issue, th'e plaintiff took three witnes- ses, and re- two bills of exception, and the verdict was for the dc. corded in the fendant. same manner Fs conveyan. ies of land are The first bill of exceptions stated the following kequired to be facts ackaowledg- d or proved, That the plaintiff, to support his claim, prbduced a Od recorded. deed from R. & J. Hamilton, by which they birgained and sold to the plaintiff the schooner Mississippi, then in the port of Alexandria, and the cargo of the ship Hannah, then at sea, as security to 'indemnify ad save harmless the plaintiff, as indorsor of their notes, to the amount of 10,006' dollars. If they should indemnify him Within days after the arrival.of the cargo of the ship Hannah, if it should arrive before the return of the schooner Mississippi from her then intended voyage to New-Orleans ; or, if the cargo of the Han. nah should not arrive before the return of the schooner, then within . days after' her return, then the deed should be void: but, if they should fdil to indem- nify the plaintiff within the periods mentioned, then he was to 'sell the cargo of the Hannah, find the schooner and cargo. The deed also contaifed the 'following covenant: And we do moreover bind burselves, our executors.and 'dministrators, and also the freight and inward cargo of the said schooner Mississipp, to ex- onerate the said William Hodgson from, &c. It be- ingthe true intent and meaning ofthese presents, to bind. -ourselves, our schoondr called the Mississippi, her tac- HODGSON , V. BUTTS.

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