Hodgson v. Butts
Supreme Court of the United States
Error to the Circuit Court for the district of Columbia, sitting at Alexandria, in an action for money had and received, to recover from the defendant, who was master of the schooner Mississippi, the amount of freight xeeeived by him, subsequent to the mortgage of the said schooner, by R. & -J. Hamilton (the former owners) to the plaintiff. On the trial of the general issue, the plaintiff took two bills of exception, .and the verdict was for the defendant.
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Error to the Circuit Court for the district of Columbia, sitting at Alexandria, in an action for money had and received, to recover from the defendant, who was master of the schooner Mississippi, the amount of freight xeeeived by him, subsequent to the mortgage of the said schooner, by R. & -J. Hamilton (the former owners) to the plaintiff. On the trial of the general issue, the plaintiff took two bills of exception, .and the verdict was for the defendant. The first bill of exceptions stated the following facts : That the plaintiff, to support his claim, produced a deed from R. & J. Hamilton,…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. —This suit was instituted to recover the freight of a vessel of which the plaintiff was a mortgagee. Upon inspecting the deed, which is the foundation of the action, it appears to have been admitted to record, on the oath of •only two subscribing witnesses. This suggested the preliminary question, whether a deed of mortgage, so recorded, was not absolutely void as to •creditors and subsequent purchasers ? This question depends on the construction of two acts of the legislature of Virginia. The first is entitled ■“ an act for regulating…
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