Page:Federal Reporter, 1st Series, Volume 8.djvu/85

VmTED BTATSS V. BVillSOS, 71 �promptiy refused to acquiesce, but repudiated wbai had been done. When this suit was commenced, Edwards had paid but $2,000 of the purchase priee, but paid the balance, $8,000, after being fully advised of the matters set up in the bill of complaint. It is in the power of the corporation to refund the purchase money, and thia should be done. �Complainant is entitled to a decree setting aside the sale, and for a conveyance of the property to the Houghton Gopper Works, making the injunction perpetuai, and referring the cause to a master to take proofs and state.an account for the use of the property. The Hough- ton Copper Works is to be decreed to refund the purchase price paid by defendant Edwards, less whatever may be found owing from him for the use of the property, for which use Edwards is to account and pay. ���United States v. Humason. �(Circuit Court, D. Oregon. July 22, 1881.) �Ofitciai, Bond— Phoop of Ejcbcuticii. �In an action upon an ofScial bond, if the execution thereof is denfed, It can- net be proven by a copy certifled by the secretary of the treasury under section 882 of the Revised Statuteg, but a copy certifled by the register of the treasury under the seal of the department, under section 886 of the Revised Statutes, is siifflcient proof of such execution, it being declared to have the same force as the original when duly authenticated or proven in court �NoNsurr by the Plaintiff. �Under section 243 of , the Oregon Code, the plaintiff in an action can only become nonsuit before the trial commences, or afterwards, with the consent of the defendant ; and this is considered the laterand better rule generally. �New Triai— STAiiB Claim. �The United States delayed bringing an action against the sureties in the bond of a deceased Indian agent in Oregon, for an alleged failure to account for $7,000 or $8,000 received thereunder, for a period of 14 years ; and on the trial there was a verdict for the defendant, by the direction of the court, because of the failure of the plaintiff to produce proof of the execution of the bond, which was denied, as provided in section 886 of the Revised Statutes. Edd, that the plaintiff was guilty of negligence, and therefore was not entitled to a new trial ; and that in passing upon the motion weight ought to be giyen to the fact of the long delay in bringing the suit, whereby it had become difflcnlt, expen- sive, and almost Unpossible to make legal proof of facts which probably existed tending to show that the deceased had duly disbursed the money in question. �Stipulation to Abidb Evbnt of Anothbk Action. �A stipulation in one action to abide the event of another entitles either party thereto to such proceedings in the former as will enable him to have the ben- eflt of his stipulation, provided the resuit of the latter action is favorable to him. ��� �