John McLean

“ On the trial of the cause, the counsel for the defendant moved the court to instruct the jury that, by the act of congress, bills of sale of ships and vessels, to be valid, must be enrolled in the custom-house; and as the bill of sale on which the plaintiff relied, was admitted not to have been enrolled, the same could not be considered as legal title: but the court refused so to charge the jury, saying to the jury, that a bill of sale, accompanied by possession, constituted a good title in law. ”

“ But in view of the evidence in the case, there should have been the qualification, that the transfer was bon a fide, and for a valuable consideration. Upon the whole, the judgment of the circuit court is reversed, and the cause is remanded to that court for further proceedings. ”

“ Evidence was given before the jury, written and parol, conducing to show the prior ownership of the boat, for what she had been sold, her employment, the sale to Buchanan by Wilkinson, and the circumstances connected with it.
The plaintiff in error insists on a reversal of the judgment on two grounds. 1. The striking out of the answer the allegation of fraud. 2. ”