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57.62

1. See Citizen, 1, 2.
2. A general policy, insuring every
person having an interest, and con-
taining no warranty of neutrality,
covers belligerent as well as neu-
tral property. Hodgson v. Marine
Ins Co. Alex.
100
3. It is no defence for the underwri-
ters, that payment of the premium
is enjoined by a court of chancery.
Id.
ib.
4. A misrepresentation, not averred
to be material, is no bar to an ac-
tion on the policy. Id.
ib.
5. A misrepresentation, to have that
effect, must be material to the
risk of the voyage. Id.

ib.

6. It is not necessary, in an action of
covenant on a policy, that the de-
claration should aver that the
plaintiff had abandoned to the un-
derwriters. Id.
ib.
7. If the insurance be against all
risks, "blockaded ports and Hispa-
niola excepted," a vessel, sailing
ignorantly for a blockaded port, is
covered by the policy; the excep.

JERSEY, NEW.

See New Jersey,

173

JOINT DEBT.
See Bankrupt, 1, 2.4.

34. 289

JUDGE.

A discharge of an insolvent debtor,
under the laws of Virginia, by two
magistrates, one of whom was in-
competent by reason of interest, is
void. Slacum v. Sims,
363

JURISDICTION.

1. A writ of error does not lie from
the supreme court of the United
States to the district court of the
United States for the district of
Maine. United States v. Weeks, 1
2. In an action of trover, if the judg
ment below be in favour of the de
fendant, the value of the matter in
dispute upon the writ of error in
the supreme court of the United
States, is the sum claimed as da-
mages in the declaration. Cook v.
Woodrow,

18
3. A corporation aggregate cannot li-
tigate in the courts of the United
States, unless in consequence of
the character of the individuals
who compose the body politic;
which character must appear by

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7. Although the claims of a state may
be ultimately affected by the de-
cision of a cause, yet if the state
be not necessarily a defendant, the
courts of the United States are
bound to exercise jurisdiction. Id.
ib.
8. The inferior court of common
pleas for the county of Hunterdon,
in the state of New Jersey, in
May, 1779, had a general juris-
diction in all cases of inquisition
for treason, and its judgment, al-
though erroneous, was not void,
inasmuch as the court had juris-
diction of the cause. Kempe's
Lessee v. Kennedy,
173
9. The courts of the United States are
all of limited jurisdiction ; and
their proceedings are erroneous if
the jurisdiction be not shown
upon them. Id.
10 In Kentucky it is a good ground of
equitable jurisdiction, that the de-
fendant has obtained a prior pa-
tent for land to which the com-
plainant had the better right, un.
der the statute respecting lands
and in exercising that jurisdic.
tion, the court will decide in con-
formity with the settled principles
of a court of chancery. Bodley v.
Taylor,
191
11. Time will be given to procure affi-
davits as to the value of the matter
in dispute, so as to ascertain the
jurisdiction. Rush v. Parker, 287
12 The circuit court has jurisdiction
in a suit in equity to stay proceed-
6

ib.

;

13.

14.

ings upon a judgment at law be
tween the same parties, although
the subpana be served upon
the defendant out of the district in
which the court sits. Logan v.
Patrick,
288
Although the plaintiff be described
in the proceedings as an alien, yet
the defendant must be expressly
stated to be a citizen of some one
of the states; otherwise the courts
of the United States have not juris-
diction of the case. Hodgson v.
Bowerbank,

303
The trial of seizures under the
act of the 18th of February, 1793,
“for enrolling and licensing ships
or vessels to be employed in the
coasting trade and fisheries, and
for regulating the same," is to be
in the judicial district in which
the seizure was made; without
regard to the district where the
forfeiture accrued. Keene v. United
States,

15. See British Treaty,

304

344

16. An appeal from the district court

17.

of the United States for the dis-
trict of Maine, in a case of admi-
ralty jurisdiction, does not lie di-
rectly to the supreme court of the
United States, but to the circuit
court for the district of Massachu-
setts. Sloop Sally v. United States,
372

In all cases in which the district
court of Maine acts as a district
court, the appeal is to the circuit
court for the district of Massachu-
setts. Id.

K

KENTUCKY.

ib.

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pre-emption right on the east side
of a road, the 400 acres allowed
for the settlement right must be
surveyed entirely on the east side
of the road, and in the form of a
square. Bodley v. Taylor, 192
5. The call for the settlement right is
sufficiently certain, but the call for
the pre-emption right is too vague,
and must be rejected. Id. ib.
6. A defendant in equity who has ob-
tained a patent for land not inclu-
ded in his entry, but covered by
the complainants' entry, will be
decreed to convey it to the com-
plainants; but the complainants
will not be required to convey to
the defendant the land which
they have obtained a patent for,
which was covered by the defend-
ant's entry, but which, by mistake,
he omitted to survey. Id.

L

LANDS.

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ib.

v. Fry,

1. See Deeds, 1, 2, 3, 4.
22.154
2. Lands included in the Zaneville
district in the state of Ohio, by the
act of the 3d of March, 1803, could
not, after that date, be sold at the
Marietta land-office. Matthews v.

LIMITATIONS.

1. See Account, 1, 2, 3, 4.

Yeaton

335

15

2. Five years' adverse possession of a
slave, in Virginia, gives a good ti-
tle upon which trespass may be
maintained. Brent v. Chapman,

358

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3. See Kentucky, 2, 3, 4, 5, 6.
4. See Evidence, 3.

191

262

5. See Equity, 4, 5, 6, 7, 8, 9, 10. 262
6. The certificate of survey is suffi

cient evidence that the warrant
was in the hands of the surveyor.
Taylor v. Brown,
234
7. That clause of the land law of Vir-
ginia, which requires the survey
to be recorded within two months
after it was made, is merely di-
rectory to the surveyor; and his ne-
glect to record it does not invali-
date the survey. Id.
235
8. It is not necessary that the deputy
surveyor who made the survey,
should make out the plat and cer-
tify it. It may be done from his
notes by the principal surveyor. Id.
ib.
9. A survey is not void because it in-
cludes more land than was direct-

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