Circuit Court,

December, 1802.

#### Sanders vs. Hamilton.

1\/fAJiSHALL, Chief Justice.

It is said Hamilton warranted fhfi ifconrli { the Wench fiom whom desended the slaves afterwards recovered by Streater from Sanders. The record of that recovery is new offered, to be read to prove S treater’s title. I am of opinion, that as Hamilton was no. party to that suit, nor privy, is *227¿armot be read to prove Sweater's title : it may, however, to shey; that Sanders was evicted.

And it was accordingly read for that purpose only»