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UNITED STATES V. AMES, 99 U. S. 35 (1878)

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U.S. Supreme Court

United States v. Ames, 99 U.S. 35 (1878)

United States v. Ames

99 U.S. 35

Syllabus

1. A bond accepted by the court upon ordering the delivery to the claimant of property seized in admiralty is in the subsequent proceedings a substitute for the property, and the question whether a case is made for the recall of the property must be determined before a final decree on the bond is rendered in the district court or in the circuit court on appeal. Action on that question cannot be reviewed here.

2. A decree rendered on such a bond given with sureties by the claimant at the request and for the benefit of his firm, to which the property so delivered to him belonged, bars a suit against the other partners.

3. The fact that the adverse party had no knowledge touching the ownership of the property and that, by reason of the insolvency of the defendants, payment of the decree cannot be enforced affords, in the absence of fraud, misrepresentation, or mistake, no ground for relief in equity.

4. Conclusions of law are not admitted by a demurrer.

The facts are stated in the opinion of the Court.





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