Samuel Packer and Others v. Henry Nixon

This was the case of certificate of division of opinion from the circuit court for the district of Pennsylvania, certified to this court under the act of congress of the 29th of April 1802, ch. 32, sec. 6. The case was formerly before this court, and the decision will be found reported under the name of Harrison and others v. Henry Nixon, in the ninth volume of Mr Peters's Reports (p. 483, &c.). Upon the mandate in that case being returned to the circuit court, further proceedings were had in conformity thereto; and in the course of those proceedings the questions now propounded to this court upon the certificate arose. They are as follows: