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Richard C. Stockton, Appellant, v. James C. Ford U.S. 232 (1851)

handle is hein.slavery/ussccases0252 and id is 1 raw text is: 232 SUPREME COURT. Stockton v. Ford. every citizen of the'United States. In the United States v. The Bank of the Metropolis, 15 Peters, 392, it was decided that when the United States, by their authorized agents, become a party to -negotiable paper, they have all the rights and incur all the responsibilities of other persons who are parties to such in- struments. In the United States v. Gear, 3 Howard, i20, the right of the United States to maintain an action of trespass for taking ore from their lead mines was not questioned. Many trespasses are also public offences, by common law, or are made so by statute. But the punishment of the public offence is no bar to the remedy for the private injury. The fact, therefore, that the defendant in this case might have been punished by indictment as for a public offence, is no defence against the present actidn. Whether, if he had actually been indicted and amerced for this trespass in a criminal prosecution in the name of the United States, such conviction and fine ,could be pleaded in bar to a civil action by the same plaintiff. is a question not before us in this case, and is therefore not dec.ded. The judgment of the District Court is therefore affirmed. Order. This cause came on to be heard on the transcript of the record from the District Court of the United States for the Northern District of Florida, and was argued by counsel. On consideration whereof, .it is now here ordered and adjudged by this court, that the judgment of the said District Court in this cause be, and the same is hereby, affirmed, with damages at the rate of six per centum per annum. RICHARD C. STOCKTON, APPELLANT, V. JAIES C. i!ORD. Where there was a judgment which had been recorded under the laws of Louisiana, and thus made equivalent to a mortgage upon the property of the debtor, and the plaintiff assigned this judgment, and was then himself sued and had an execution issued against him, his rights ander the recorded judgment could not be sold under this execution, because he had previously transferred all those rights. It was not necessary for an assignee of this recorded judgment, who was defending -himself in chancery, by claiming under the assignment, to notice in his pleading an allegation in the bill that a release of the judgment was improperly entered upon the record. His assignment was not charged as fraudulent. The attorney who had recovered the judgment which was thus recovered and assigned, was not at liberty to purchase it when his client becmme sued and execution was issued against him. Tuis was an appeal from the Circuit Court of the United

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