Moses Plummer, Libellant, vs. Michael Webb
“Libel in the admiralty in personam.
“Libel in the admiralty in personam.
“This was a bill in equity, brought to obtain an injunction and general relief against a judgment rendered in this Court at May term, 1825, in favour of the present defendant, and against the present plaintiffs, for the recovery of a moiety of certain parcels of land. The original action was a writ of entry sur disseisin, upon a supposed disseisin of one William McGlathry, under whom the plaintiffs derived title as tenants of the freehold.
“Assumpsit. The principal circumstances were as follows. The defendants (who are citizens of Maine) were owners of the brig Diana, of which William Heddean was master. She arrived at Havana in the island of Cuba, and was consigned to the plaintiff (a citizen of Connecticut, but a resident merchant at Havana), by the master, to procure freight on a freighting voyage.
“These were actions of debt, brought officially by the postmaster general upon bonds given for the faithful performance of his duties, by one Benjamin Whittier, late postmaster at Belfast, Maine, who is since deceased.
“This was a writ of error from the District Court of Maine. The action was brought by the United States as indorsees of a promissory note made by the defendants at Eastport on the 10th of February, 1826, whereby for value received they promised to pay the president, directors, and company of the bank of Passamaquoddy or order, three months after date, the sum of twenty-three hundred and thirty-three dollars and thirty-three cents; and afterwards the bank, by its cashier, indorsed the same to the United States.
“Trespass for cutting down 4000 timber trees on lot No. 1, in the fifth division of lands drawn to the right of David Chandler, in the township formerly called New Suncook, now composing the towns of Lovell and Sweden, whereof the plaintiffs and defendants are tenants in common, against the statute of the 15th of March, 1821, ch. 35. Plea, the general issue of not guilty.