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Alexander H. Weems, Plaintiff in Error, v. Ann George Conelly George, Rose Ann George, wife of John Steen, Mary Ann George, wife of Thomas Conn, Nancy George, wife of James Gilmour, Margaret George, wife of William Miller, John Steen, Thomas Conn, James G U.S. 190 (1852)

handle is hein.slavery/ussccases0242 and id is 1 raw text is: SUPREME COURT. Weems v. George et al. How. 22. It follows, then, from the foregoing authorities, as an inevitable conclusion, that whether the undertakiDngs set out in the special counts or in the general indebitatus assmnpsit be taken as joint or as, joint and several, it would have constituted no valid objection to the proceedings in the Circuit Court by which the cause was discontinued, as to all the defendants save the last or immediate indorser, even had such an objection been directly and expressly presented and reserved by the pleadings. That discontinuance deprived him of no right, imposed upon him no burden or responsibility he was not already bound to sustain --it merely left him in the exact position in which his undertak- ing with the plaintiff below could be regularly and properly ad- judicated. Upon full c6nsideration, therefore, we think that the judgment of the Circuit Court should be, and the same is hereby affirmed. Order. This cause came on to be heard on the transcript of the re- cord from the Circuit Court of the United States, for the South- ern Distaict of Mississippi, and was argued by counsel. On con- sideration xvhereof, it is now here ordered, and adjudged, by this court, that the judgment of said Circuit Court in this cause, be, and the same is hereby affirmed with costs and damages, at the rate of six -per centum per annum. ALEXANDER H. WEEMS, PLAINTIFF IN ERROR, V. ANN GEORGE, CONELLY GEORGF, ROSE ANN GEORGE, WIFE OF JOHN STEEN, MARY ANN GEORGE, WIFE OF THOMAS CONN, NANCY GEORGE, WIFE OF JAMES GILMOUR, MARGARET GEORGE, WIFE OF WILLIAM MILLER, JOHN STEEN, THOMAS CONN, JAMES GILMOUR, AND WILLIAM MILLER. Where there was a sale of an undivided moiety of a tracd of land, and the purchaser undertook to extinguish certain liens upon it, which he failed to do; and in conse- quence of such failure the liens were enforced, and had to be paid by the heirs of the origina owner, a suit by these heirs against the purchaser to recover damages for the non-fulfilment of his contract to extinguish the liens, was not within the pro- hibition of the llth section of the Judiciary Act, 1 Stat. at Large, 78. The heirs, being aliens, had a right to sue in the Circuit Court. In a trial in Louisiana, where the judge tried the whole case without the intervention of a jury, a bill of exceptions to the admission of testimony by the judge, cannot be sustained in this court. The extinguishment of the liens by the heirs of the original owner, was effected by pro- cess of law and attended with costs. It was proper that these costs also, as well as

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