IN error to the Circuit Court of the United States, for the county of Washington, in the District of Columbia.
The defendant in error, Otho M. Linthicum, instituted an action of ejectment in the Circuit Court of the county of Washington, for the recovery of certain real estate situated in the county of Washington, which had been purchased by him at a marshal's sale, sold under three writs of fieri facias, against Z. M. Offutt; and which the defendant in the ejectment claimed to hold under a deed of conveyance made by Z. M. Offutt, after the judgments on which the property was sold.
On the trial of the cause, on the fourth Monday in March, 1839, the counsel for the defendant, in the Circuit Court, took three bills of exceptions to the decisions of the Court, upon points submitted to them; and a verdict and judgment having been rendered for the plaintiff in the ejectment, the defendant prosecuted this writ of error.
The cause was argued by Mr. Brent, junior, for the plaintiff in error; and by Messrs. Marbury and Coxe for the defendant.
The first bill of exceptions stated, that on the trial of the cause, the plaintiff offered in evidence the record and proceedings in the three cases of O. M. Linthicum vs. Z. M. Offutt, and then further offered in evidence three writs of fieri facias, issued against the lands of said Offutt; which it was admitted by the plaintiff had not been returned to the clerk's office by the marshal; but were produced on the trial by the marshal, at the instance of the plaintiff, with the written return thereon, as follows:
'Levied as per schedule; property sold as per return annexed, and satisfied pl'ff as per receipt on writ.
'ALEXANDER HUNTER, Marshal.'
'Received of Alexander Hunter, marshal, six hundred and seventy dollars and sixty-six cents, in full of this fi. fa. Debt, interest and costs, $670 66.
The returns on the other writs were the same in effect and form.
And further offered in evidence the schedule of the property sold, describing the property as follows: 'Part of lot No. 153, on Third street, in Beatty & Hawkins' addition to Georgetown, beginning two hundred and twenty-six feet from Market street, thence running east with Third street thirty feet, thence south one hundred and fifty feet, thence west thirty feet, and thence to the beginning one hundred and fifty feet, with the improvements thereon, being a two story brick house, &c.'
And he also offered in evidence the private book of entries kept by the marshal, of his official sales, &c., in which is the following entry, made on the 13th of January, 1838, by his clerk employed in his office; but who was not a deputy marshal:
'The property of Zachariah M. Offutt, sold to satisfy judicials to November term, 1837, No. 65, 66, and 67, in favour of Otho M. Linthicum; also judicials No. 355, to November term, 1837, in favour of Samuel Cunningham, use of William Remington; and struck off as follows:
January 13th, 1836. Part of lot No. 153, in Beatty & Hawkins'
addition to Georgetown, thirty feet front, with the
improvements, sold to Otho M. Linthicum for $700 00
Part of lot No. 153, twenty feet front, sold to Otho M.
Deduct expenses as follows:
Printer's bill, (Advocate) $7 00