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United States v. Hathaway U.S. 404 (1867)

handle is hein.slavery/ussccases0401 and id is 1 raw text is: UNITED STATES V. HATHAWAY. Syllabus. The deed from the executors of Vose to Barrows bears date on the 18th of March, 1861. Upon the trial of the case of Barrows v. Gordon the power of attorney from the execu- tors and the deed executed by Kingsley were properly ruled out as void. They were not in the case. Barrows had no title to the premises in controversy, and judgment was given against him. This may be admitted to be conclusive as to his want of title at that time, and, whether the decision of the court as to the power of attorney and the deed made under it was erroneous or not, it would have been a bar to another action attempted to be maintained upon the same state of facts. But this did not deprive Barrows of the right to acquire a new and distinct title; and, having done so, he had the same right to assert it, without prejudice from the former suit, which would have accompanied the title into the hands of a stranger. At the termination of that suit the executors had not passed the title to any one. They did not transfer it for more than a year afterwards. How, then, can it be said to have been involved in or in anywise affected by the prior litigation ? The plaintiff could no more be barred than any other person whomight have subsequently acquired the title. In refusing to instruct, and in instructing, as appears by the record, the court committed an error. The judgment is therefore reversed, with costs, and the cause will be remanded to the court below, with directions to proceed IN CONFORMITY WITH THIS OPINION. 'UNITED STATES v. HATHAWAY. Staves for pipes, hogsheads, and other casks, the growth and produce of the province of Canada, imported in November, 1863, from Canada into the United States, were not free from duty under the reciprocity treaty of 1854 between the United States and Great Britain, by which - tim- bers and lumber of all kinds, round, hewed, and sawed, unmanufac- [Sup. Ct.

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