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![handle is hein.slavery/ussccases0391 and id is 1 raw text is: VEAZE BANK v. FENNO.
Syllabus.
of the parties, and of their record, and the production of,
the record of partition, and of the probated will of John B.
fJames, there could only be two matters of inquiry: one
respecting the identity of the heirs of William James, de-
ceased, with the parties to the partition suit; and the other,
whether there was notice to Hawley, at the time he received
his conveyance, of the unrecorded deed from Davenport to
DeWitt. These matters were left to the jury to determine,
and rightly so left.
No question was raised in the court below upon the suf-
ficiency of the evidence, that the deeds produced by the
plaintiff were recorded, at the time indicated by the indorse-
ment thereon, in May, 1819; nor was any exception taken to
the instruction of the court, that the deed from Davenport
to Hawley was recorded in the propey office, before the deed
from Daveriport to De Witt; nor was any question raised,
or ruling asked; upon the will produced of William James,
and, therefore, no point is presented thereon for our con-
sideration.
We perceive no substantial error in the record, and the
judgment of the court below must, therefore, be
APFIRMED.
VEAZiE BANK v. FENNO.
1. The 9th section of the act of July 13th, 1866, amendatory of prior in-
ternal revenue acts, and which provides that every National banking
association, State bank, or State banking association, shall pay a tax of
ten per centum on the amounts of the notes of any State bank, or State
banking association, paid out by them after the 1st day of August, 1866,
does not lay a direct tax within the meaning of that clause of the Con-
stitution which ordains that direct taxes shall be apportioned among
the several States, according to their respective numbers.
2. Congress having undertaken, in the exercise of undisputed constitutional
power, to provide a currency for the whole country, may constitution-
ally secure the benefit of it to the people by appropriate legislation, and
to that end may restrain, by suitable enactments, the circulation of any
notes, not issued under its own authority.
Dec. 1869.]](ViewImageLocal?handle=hein.slavery/ussccases0391&div=1&collection=&method=preview&ext=.png&size=3)