Page:Federal Reporter, 1st Series, Volume 8.djvu/511

UNITED STATES V. GRISWOLD. 497 �H. Y. Thompson and George H. Darham in propria persona and for the defendant Hill. �Before Sawyer, G. J., and Dbady, D. J. �Deady, D. j. On August 29, 1879, the plaintiff commenced a suit against William C. and Jane 0. Griswold and others, the defendants herein, which, upon a demurrer for multifariousness, was dismissed as to said Jane 0., and the plaintiff allowed to file an amended bill against the remainder of the defendants, which was done on January 9, 1880. From the amended bill it appears that on and prior to May 27, 1877, the defendant William C. Griswold was the owner in fee of certain real property situated in Salem, Oregon, including block 18, known as "The Agricultural Works" and "Griswold's Water-works, " and lots 1, 2, 3, and 4, in block 36, with the water-pdwer and appur- tenances; lot S, in block 10; andthe west half of lots 1, 2, 3, and 4, in block 73; and that on said day the plaintiff, by B. P. Dowel, inform- ant, commenced an action in the U. S. district court for this district, under sections 3490 and 5438 of the Eev. St., against baid defendant, to recover about $17,000 wrongfully obtained by him on January 29, 1874, from the treasury of the United States, by means of false vouchers and affidavits, together with the damages and forfeitures al- lowed therefor, as provided in said sections, amounting in all, as claimed in the amended complaint, to the sum of $143,000 ; in which the plaintiff, on December 14, 1878, had a verdict for $35,228, and on January 11, 1879, obtained a judgment thereon for that amount, and $2,400 costs. �On April 22, 1879, said judgment was, on error to this court, reversed, and the cause remanded for a new trial, in which the plain- tiff.on July 30, 1879, had judgment again for $35,228, and $2,821.60 costs, which was on the same day duly docketed in the lien docket of this court, and became and is a lien upon the real property of said defendant in Oregon. Afterwards an execution issued to enforce said judgment, which was levied by the marshal of the district upon the real property aforesaid, and upon certain other property of the defendant Griswold situate in Salem, from the sale of which last mentioned the sum of $174 was realized, and the writ returned, on November 17, 1879, "no other property found in this district," and the remainder of said judgment is still unsatisfied. On June 11, 1877, said Griswold borrowed of the defendants William S. Ladd and Asahel Bush the sum of $3,500, to secure the payment of which, •with interest, he gave them a mortgage on said block 18 for the sum v.8,no.7— 32 ��� �