“Error to the circuit court for the district of Pennsylvania. The plaintiffs in error instituted a suit in the circuit court for the district of Pennsylvania against William Crammond, which, by the agreement of the parties, and other order of the court, was referred to arbitrators. An award was made in favour of the plaintiffs, and a judgement nisi was entered on the 20th of May, 1805. Exceptions were field and overruled; and a judgement was finally entered on the 15th of May, 1806. On the 22d of May, 1805, Crammond executed a conveyance of all his estate to trustees, for the payment of his debts, at which time he was indebted to the United States, on several duty bonds, which became due at different periods subsequent to the 22d of May, 1805. Suits were instituted on these bonds as they severally became due, and judgements were obtained and executions issued, under which a landed estate belonging to Crammond, called Sedgely, was levied upon and sold . . . Upon the trial of the cause in the circuit court, the jury found that Crammond was insolvent on the 20th of May, 1805, but that it was not notoriously known; subject to the opinion of the court upon a state of facts agreed between the parties, whether the plaintiffs were entitled to recover. The parties further agreed, in writing, that, on the 22d of May, 1805, Mr. Crammond was unable to satisfy all his debts, and that this fact should be considered as part of the special verdict. The other facts referred to by the jury are, in substance, those which have been mentioned. The circuit court gave judgement against the plaintiffs below, and the cause was brought by writ of error to this court.”
15 U.S. 396