The United States vs. Smith
“This was an indictment for piracy against the prisoner Thomas Smith, before the Circuit Court of Virginia, on the act of Congress, of the 3d of March, 1819, c. 76.
“This was an indictment for piracy against the prisoner Thomas Smith, before the Circuit Court of Virginia, on the act of Congress, of the 3d of March, 1819, c. 76.
“In this case, P. T. Shelton & Co., consisting of P. T. Shelton, and Walter Shelton, being indebted to the United States for duties, made a voluntary assignment of all their effects for the payment of their debts. Walter Shelton, was in possession of some estate in his private character, which he afterwards conveyed for the payment of his private debts. The United States have filed their bill, claiming priority out of the social fund, and have also, in a supplemental bill, claimed priority out of the private fund. The controversy is, between the creditors under the first and last deed.
“This was an appeal from a decree of the High Court of Chancery. The bill was filed by the appellees, to be relieved against a judgement at law, on a bond payable the 2d of March 1784, executed by the appellees for £113: 16: 4, being the amount of a tract of land, mortgaged by a certain David Davenport to the appellant, to secure a debt of £40: 18: 7, with interest from the 19th of August 1756, and sold under a decree of the County Court of Hanover, and purchased by the appellee James the younger, for whom the other appellee was security.”
“The appellees instituted this suit in the High Court of Chancery, in order to recover back certain warrants, and the interest received upon them, also warrants for about 5000 acres of land, which their testator had obtained for his services during the war, and which had been unfairly purchased from him by the appellants, for the trifling consideration of £20, at a time when, the testator was intoxicated with liquor, and incapable of contracting.
“This is a writ of error to the Circuit Court for the District of Virginia. The original action was debt on a bond, purporting to be signed by Dandridge, as principal, and Carter B. Page, Wilson Allen, James Brown, Jr., Thomas Taylor, Harry Heth, and Andrew Stevenson, as his sureties, and was brought jointly against all the parties.
“Banks, as representative of Hunter, Banks & Co., and North & Co. respectively petitioned the district court (the first in 1796, and the second in 1794,) to be allowed to appeal from the refusal of the auditor of public accounts to admit their respective claims against the commonwealth for the value of some vessels and cargoes impressed into the service of the state by order of the executive early in the year 1781.
“This was a suit in chancery, in behalf of Charles Carter (of Shirley,) and others, against Robert Carter of Nomony.