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1 Dall. 68

The Same Cause

Supreme Court of the United States

Decided April 15, 1782

Supreme Court of the United States · decided 1782-04-15

LEWIS moved in arrest of judgment, on two grounds: 1st. For that the indictment stated, “that the prosecutor was seized in his demesne as of fee,” without saying when he was seized; so that it might be he was seized at the time of the indictment found, and not at the time of the forcible entry.-2d. For that the indictment stated “that he was seized in his demesne as of fee,” and “his peaceable possession thereof as aforesaid continued until &c.” which is repugnant and…

Decided 1782-04-15

¶1But

the Court

¶2over-ruled both objections: And M‘Kean C. J. said, that the words, “his peaceable possesion thereof as aforesaid,” were surplusage and ought to be rejected.*

¶3 See 1 Inst. 303. 4.

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