Volume 15 — Kentucky Reports

<p>From the Franklin Circuit Court, the Hon. Henry Davidge sole Judge.</p>

<p>An un]iquida_ ted demand is the subofset"off‘</p> <p>county [awfully2™? fuse to give judgment in sheriff0 where he shows a le» gal right to sue> *® t he°has not accounted for moneys re-refuses’ to cometo a settlement,</p>

<p>The ¿jeojara. tions of a par. ty, made bean ad‘ ¡¡¡011 was takas to his in from Yhf pay be §iven F ^ favor on the tra-’ verse of an in-9ulslHon °/ torcible entry</p>

<p>An amendmenfrjYhen ment'wa's ne. cessary, does not entitle party°to a 6 continuance,</p> <p>cour^errone ously a general demurrer, and gains^whom the demurrer ís, obtains leave to a™“tcrin0f form which a, general dem“rrer c°uI(i such amendment will not the ty^to^a continuance.</p> <p>A g'eneral.de“p objection to process,</p>

<p>Of parties to ceryltin° A man demandiBg ths ney for land, must show to^onve o convey i .</p>

<p>A court of cannotTet aside a ment at iaw.</p> <p>When a ar ty to a *suit calculates b^trieTdm-1 ing a particular day from the number tance^f °the causes standing before it, fuch pres sion leaves the court with his wit- ^ a0„se. ^ quencesofhis calculation, relieved in iaw or equity,</p> <p>a^u^e?and a„ent improvidently PraJiaS ,ana a new trial was the appropricannotjusti’a court o chancery in bin seeing a new trial.</p> <p>It is but rarely, and under peculiar circumstances, of chancery can entertain ayy jnrisdiojN”g taor't</p> <p>Improprieties °f¿uer°tr\™em ™ punishment, with°ut vitiating the verdict.</p>

<p>-It is essential t° inter vivos, that the shouí/^ass immediately to the donee, a“d h revocable6 ¿y the donor. J ^aisitetoIS render a donatío •causa valid,</p>

<p>Of priority in equity.</p> <p>A case where the party’s right commenced ^ with the agreement, though the consummation of it was necessarily future & contingent.</p> <p>Where a plaintiff agreed that a defendant should have credit for such notes as he should purchase on him, the plaintiff, held that the dee udant’s right to have such notes credited, commenced with the agrcement, & not at the time of the purchase of the notes, & an intormediate assignee of part of the judgment postponed.</p>

<p> From the. Christian Circuit Court, the Hon. Ben. Shackle-ford sole Judge. </p>

<p>[t is error to proceed to a d?°ree °? a cess on the . executed^01'</p> <p>The vendor of made aUparte to a bill in chancery enjoining the ney for^efect of title, withstanding madea by "an agent, the gent took the bond for the ney°payable to himself, & is made a Party'</p>

<p>From the Jefferson Circuit Court, the Hon. John P: Old-ham sole Judge.</p>

<p>Pram the Shelby Circuit Court, the Hon. Henry Havidge sole Judge.</p>

<p>Hand ' f>ut of the8 county cannot be reoovejectment^n the circuit court. .</p> <p>An adverse possession of that part of irT out of the county,0 will not stop the íionsf fmita" ¡:iinning!'0m</p>

<p>Notice of the protest of a change Cf{ sent by mail, must be by the first da after protest</p> <p>will, & tlfy the’ presumption that it was so sent.</p>

<p> From the Mercer County Court. </p>

<p>A father subjected to pay for improvements ' made fantf wMch°n he had given to him and om im'</p>

<p>C°henanl’ °n mafoTa good and sufficient title to a tract ?n a good and. sufficient tithe^roduc-’ tion of a deed to the cove-l'evidence acon¿UCing to, sho.v that thew°s possessed of the title wtl®n ,was' ™Qat the issue on the part of ¿ant-6 m?r evidence proving an acceptance ^ the0 covenantee, authorize the theJperson making deed held title-</p>

<p>An award adjudged bad, because the arbitrators allowed for rent accruing subsequent to the commencement of the action.</p>

<p> From the Trigg Circuit Court, the Hon. Ben, Shackleford sole Judge. </p>

<p>In - t_ menVa^plat may be used for the pur-’ pose of explaining the by°iiiin.01o11hc jury, altho’ no notice was verse * of the timeof making the survey.</p> <p>The 'll of testator be introduced, to prove and marriage óf hi™chib56 dren.</p> <p>^arceners0^ bomíg^imder a disability at the time of entry(1&rpossession of wil]1 l£f;nCl’ vent the statuteof tions from runmng againsfc all.</p> <p>The act of 1796 has not in this''artief ular, by the act of is 14.</p> <p>A possession before ’suit'3 brought, will bar an ac-u,e%efend’ts may not have been thus posst)s^ th^dea^h^f the ancestor °gSthj,Perst°.ns ^“er 1Dg 1_</p> <p>The act of of person”upon whom the title is oast ^ey eareim]aboring under any disabilistatu^has*16 fully run against their ancestor, alj£ayS;nherit it jointly with ?thers labordifabiHty) °°-</p> <p>Butunderihe 0anIesi’or dies after the statute com-right is barred, a»d it whnst laboring under dis^hfof^he £'firs t° Sue°-B saved, Butjthe right where a part only are blander tlsa 11</p>

<p>perforaban0 independent covenant, vent a°recovery from the other party, who has bronant.IS °°Ve'</p>

<p> From the Gallatin Circuit Court. </p>

<p> From the Logan Circuit Court. </p>

<p><jhat a 1)an]j. commenced operations °™cbarter or failed to redeem its nofabJlve debtor to t> institution-Those facts cannot be thus drawn question; but may by a direct proceeding against the corporation.</p> <p>A parol agreement made by the directors of a bank, is not binding on the corporation.</p>

<p> From the Mercer Circuit' Court. </p>

<p>In a suit in chancery to subject land mentV^the purchase money, the yen-dead^hif heirs’must be made parties,</p>

<p>If a debtor has abandoned the counpossession of others, a 0Ou^¡j¡fg^ui" tertlTin juris, diction of the oas®, a*M afp°rrOpr¡at0e are' lief,</p> <p>^nI}UgStcanñ only be returned where known place residence m tl)e county</p> <p>An jntorlocutory order & assessment of be made™ at the term to which an orPuMl' turned,</p> <p>e^°in'such S case, or an °f fact the^chanoellor, parol evMenee may la^the^harT cellor orders There is doubt,' whether the writ w.n-ten" evidence on file in can1 be used before tlm jury, without ®Nr®ss Ions‘</p> <p>The claim being unliquid a ted, it s°otl that the com! plainant has not charged a sum certain, as being due.</p> <p>Tbe resident failingqí give security for the forth°°opertyf iT may be delivered over to the comAmustíe-' count for the thítfmeit Ts sol°d.ime 1</p> <p>s'10'? profits ascertained 6 by the jury,</p> <p>. finald altho,1S the ooramissioner apmake* 'Lie* of the property may not have reported-An agent, & ¿¡eftn°f dant) as gar. nishees or £?ssesrs°rs shouhl^be y’ made parties,</p> <p>j^'^g a 0f her husband, or proteoth^ "*an‘ gfty in hi'sabsence.</p> <p>qU;tyUhas°not jurisdiction suoh case, dent here, is indebted to \he defenpossession of his estate.</p> <p>guoll dent°gar-eS1" nishees are first made plainant then "ets Posses-estate, and dismisses his reshient^de*56 fendants, his bill must be dismissed ab-u e</p>

<p>From the Franklin Circuit Court, the Hon. Henry Davidge sole Judge. ,</p>

<p> From the Madison Circuit Court. </p>

<p>From the Logan Circuit Court, the Hon. Henry P. Broadnax sole Judge. •</p>

<p>A suit in chancery, in son holding a prior equity, against persons holding the legal title. favor of a srm nnlfhnD* n</p> <p>The evidence fioíenPto Se!tablish the equity, the subsequent led, and the purchaser iieved on a cross i .</p> <p>A subsequent purchaser is fromPthe^rior equity, for want of notice, the purchase money is paid</p> <p>A arol con tiactr for°the sale of land, Rfrfected by 0f a ¿66(} ¡s within rau 3‘</p> <p>A complainjF4 seeking ty, must do equity, and sfierrstr^ar" quired to pay the balance chase6 pUn dueTy him!^</p> <p>Al?order is itt of change, and drawer is upontheexof due and proper the\6olderby</p>

<p>A covenant construed to be dependent.</p> <p>The intentien of the parties must that is5to be colleeted from the covenant.</p> <p>Pleas going to traverse anoePebf°r the plaintiff of a eondition precedent in ad/udge'd" ’ good.</p>

<p>The sheriff’s ireturn on a fifmmnns311 may be amended after rorM^sued^ out to reverse the judgment.</p> <p>Costs must be given in the appellate ttaTpiairniff in error.</p>

<p> From the General Court. </p>

<p>nSssible*to^"^ prove that an absolute ^slave intended only as a moitSaSe-Parol evi-</p> <p>The rule ’is different, where, by take* the™18" contract is drawn different fromwhat where the free agency of the controlled'1 the* contract1" was usurious,</p> <p>lor has juris-" diction in such cases,</p>

<p> From, the Shelby Circuit Court, the Hon. Henry Davidge sole Judge. </p>

<p> From the Clark Circuíi Court. </p>

<p>Where two patents inter fere.> aI)d the teeTrsHet-' on a part of the inter-'^en?nete^f‘k 0f taking possession to the °fn¿iS afterwards the elder pat-improves a ofthe interference, he strudtion°of law, possessed of the tract-</p> <p>Although the elder patentee, in coníawPlmust be adjudged to be possessed the lan?’ „¡or patentee had an autua,ie®^emeni: ,v¡X0°ut being actually oust®d,^the tee may1 elect to be disseizetI> for ,he °f under which the expdkscl.</p> <p>The act of 1 t0 com‘ pel the ’usta<*"f iancTclaims does not vary the law.</p>

<p>A question tried in a having jurisdiction, is conclusive parCes)1 an'd cannot’be retried ty‘</p> <p>A verbal sale of land, and nvere¿f°vvilf authorise the chancellor to seller^inie aftenvards dissents, to Ptty.for a11 uabíeSim- " provements or araelioraíánd lo^be lessened by reasona bierents°.na"</p> <p>^ oft]rlg full posses-the “0aasse10&0. during her natural life, ^ b°a" ¿t, and the support of the ^ldb®y un" charge; next, all lawful, debts deIwe6* the land with payment aa¿her0d0efbts’ cannot be introduced to ^ator m in* tended it.</p> <p>Debts of a tesh°3 tees, rateaWy? ,®00.0/^' *n0srtj0 e portions which each had received.</p> <p>tbe exe0utor and all concerned believed a. Jaabe °harane_ able with the payment of debts, & the executor accordinglypaid them, equity will entertain jurisdiction of the case, and compel the legatees to refund.</p> <p>Fjntraot within The63 act to prevent frauds, is void^it'is*' valid’to every purpose, except that its breach, or a bill for a cutione eae" not' be suí tained, but it is goad as a fence61' °rf 'a" is fulfiiled by the parties, it any5 other aS contract; if dissolved, the same meas-&c. as in other cases,</p> <p>Ar-haser the contract11 is dissolved, has a lien on neyadvatí-0 ced; but it is erroneous to rtcrrmt thfi keep it at a reasonable Ihe^ebt is discharged; decree if land is not redeemed in should be sold, and the Pj°°®jalse¿p¿0 [^discharge! permit the purchaser to</p> <p>(The widow, farm is°willed during her hfe, may perpy ,t without paying rent</p> <p>fhoulcf°be°P' compelled to account for 31’®a£frsona3 ceived by him, before j^e°aE cal1011 por ho-portions of dem-</p> <p>persona] e3. tate is the proper fund amentofdebts and legacies, though real estate may be charged with either.</p> <p>An executor under liar circumcharged with the amount of property theluvertory, but only with the which^came to hia hands and was apilis plied to own use.</p> <p>A person paying a legacy charged on a tract of land which he is under an im pression he. owns, may recover it from the owner.</p> <p>the payment of debts, they ío^in^order lst^hegeneral personal estate; 2d, fioally lind* expressly de,be tate'deseended; and 4th, «state speoie'a3 thou°-h1S" charged'’gen-with of debS”6"</p> <p>To this arthere is^m exception, & the second & *ulees places, where the estate set f°r *he debts^is0 charged generally, & not y*</p> <p>Legatees who have receivgpeffg81]* ** ores from the personalty, fo^th^whole amount received, where j,80 fore the real estate can be tou°he<3.</p> <p>† charged^pon the issue of 41?e lands de^88'^8*®^ footing with land, when to Contribute to the payment of debts, The le atees must contribute ratably to the arhDt with the landholders, according to value.</p> <p>The settlement of the 'with^heex*1' ecutors, is evidence beArties*of tb amount° of 6 debts.</p> <p>Interest allowed the ex ecutor on him, which he was not bound to pay, sums paid by</p> <p>The manner of ascertaining the value of a remainder.</p>

<p>Trespass br w. and T. against a shertwof°oftatheir slaves to isfy anexecution against legingPthat the slaves were taken by virtue of a fi. fa. &c. “as the proper goods and chattels of the said A. whieh is the same trespass,” &c. is iTdocs 0not"e traverse wíre^thiT property of the plaintiffs, matter aíleg ed by the defendant in inconsistent with, & contrary to the forih^in^the declaration there must be a traverse of the matter set forth in the declaration. Deeds of veyance, which have no connexionwith the ter in issue, mittedase3^ dence in a™" cause. The deputy ^ad!f the°le ¡3 not ^ competent in {N principal! A new trial e \he evidence supporting the ^¡y^caT3 C1</p>

<p>An action of covenant by an apprentice against the master’s ■executors.</p> <p>An indenture of apprenticeship containing a covenant on the part of the master,which is not prescribed by the statute, does not render it void, fraud or mistake,</p> <p>„h ¿courts'may'' in binding^’ apprentices, perform dubeyond requires6 aci</p> <p>if a demurrer to a plea is 2?* oxp,ress,y but judgment i? given for record, it ° C be takan that the sustained</p> <p>contract to aptraders & sonal,’ and*’ with the “aster* but tatives are bound to perQ0¿‘grei,ery nant in°Vthe indenture,</p> <p>settlement by executors with the county court Is admissible between^a* creditor and the personal tives^wbe* ther made before or after ns* cie evidence ed istravit*- but" such settle-meat will thin? *nnles9 it shows the dates of the whether*8’ & made on judgments, specialties or tracts” °°n</p> <p>If the al representative pays a debt of an inferior grade, having no-pg^0°fc]eb™" he commits’a devastavit,</p> <p>to^’ejec^evidence xvhich does not Suceto*' some facTma” terial to the point in is, su ‘</p> <p>A settlement with the apl£entice, age”Sis as the statute’ *he them in per-payment to be made to</p>

<p>jFrom the Madison Circuit Court.</p>

<p>A motion by ment agamst a. sheriff, for militia fines hands of his deputy for collection,</p> <p>The fines sessed in any year, should b® plNe-l.,'n hands hy the of February o'therwise^Le sheriff is not bound to receivethem.</p> <p>But if he afrecollection of them, he is jl°unti1’ ed in due</p> <p>g ^ . sjgnedTy'a person stylins himself sufficient8evh dence that such person is j®pa*y’in or‘ the principal!</p> <p>A deputy “P®* ,b? ac]' court, but he may be dis-pl?ce.d bFtfle without1 the co-operation °f the court,</p> <p>The count court may, m a motion at(¡h(fter_ mine the fact whether he is sheriff or not, without the introduction of evidence.</p> <p>In a motion to recover judgment for a failure to collect militia fines, it must be proved that the person to whom the receipt was given was commandant of the regiment.</p>

<p> From the Franklin Circuit Court, the Hon. Henry Davidge sole Judge. </p>

<p>A bill in quity will not ■of onewho°alleges that his property was toksatiffyS°an execution against anoíher; t^an obtained to stay a°case should he dissolved with ten per ages™ ™"</p>

<p> From the Jessamine County Court. </p>

<p> From the Christian Circuit Court, the Hon. Ben. Shackle-ford sole Judge. </p>

<p> On a motion to correct a judgment of the Court of Appeals.' </p>

<p> From the Madison Circuit Court. </p>

<p> From the Bourbon Ci7'cuit Cowt. </p>

<p> From the Fayette Circuit Court. </p>

<p>A person protbe court of his á court, clerk pro tempore, to wit, until the 2d day of the next March term, is entitled to hold the office during good beha-</p> <p>An appointment of another, on the 2d day of the next term, is illegal.</p>

<p>That a clerk, wh.el? V' ineligible,Is no ground for * prosecution o/goodTehaviour.</p>

<p>The law oongrantsf does not authorise the sheriff to from rer for the' payment of the hire. A proceedingto thereon by 8 scire facias, ranted Wb£ cause k debt due by record</p>

<p>The decision of a court of on^any 'matter, is conclu®ive between tie^^herTagain drawn in question. Re]ief deniefi in equity, because the cated upon in court of a defendant taking issue ap.°? tbe law íepUcftionof the plaintiff í° b*® pica, & judged^ gainst him, cannot thereverTthTwuth of the replication, and truth oÍTit issue in equity.</p> <p>demurring a replication or other the pleadings, admits its truth, and decided gainst him, is as conclusive hadf been^as3 •certained by the verdict of a Jury-</p> <p>Equity will not relieve, where the aWe^aMaw" and more especially ^arty3complaining is in default.</p> <p>Where a fence is available at law or in equity, the party electing to make it at law, and n^faft °an wards assert it in equity,</p>

<p> From the Hardin Circuit Court, the Hon. Paul I. Booker sole Judge. </p>

<p> From the Montgomery Circuit Court. </p>

<p> From ike Fayelte Circuit Court, the Hon. Jesse Bledsoe sole Judge. </p>

<p> From the Woodford Circuit Court, the Hon. William L. Kelly sole Judge. </p>

<p>An obligor cannot setup signee, an equity arising out of a trails-connected" with the note,</p> <p>loan oflmo-a ney from a bank, with C. aaj0°Sgrgrs as an’agreement c- was l°e ¡t^bFch* was paid to and bis fo/^^vhich was Assigned off and judg“¿^ere^n'as ®eu as 0n the note given to the bank; m-collection of the judgment dfoiecfthat the other endorsers t-to the infunotion, and C. not to'?e paythejudgment on his note’ untP it jhat ■ not have to pay bis pro-^the</p>

<p>An entry calling to lie “on H. creelr, about 3 miles above P. Station on said creek, run. ning S. W. 2 1-2 miles; also, from said beginning to run 2 1 -2 miles N. E.; then at right angles from the extremity of invalid” b’e'IS cause ,g does not intimate the base'1'2 lan¿ is t0 lie.</p>

<p> ■From the Shelby Circuit Court, the Hon. Henry Davidge sole Judge. </p>

<p> From the Montgomery Circuit Court. </p>

<p> From the Fleming Circuit Court, the Hon. Mam Beatty sole Judge. </p>

<p>The sssignee of a note must, in the general, use by'suit'to recoveritofthe foreShe’c-m maintain an action agamst the asSISnor-</p> <p>A person receiving. the assignment of fn^thaUlnT' obligor resides out of musHie'understood to have under- ‘ suehim°byUr suitinthe in JYb*°b</p> <p>If the maker a not? is abTenT ait the time of as¡úgnment, ,g practicable, the assignee brjn.§, faiis to so the assignor not liable-</p> <p>declaraalleging an excuse SL^obñ’ g0r was absent from the eJbthe prosecution of a suit, not admissible,</p>

<p>A person ing as agent, Smseh^indi«dually; and where an thus^made it does not ’ oome within tfethe°a1ot°to prevent frauds and perjuries,</p>

<p> From the General Court. </p>

<p> From the Nelson Circuit Court. </p>

<p>The date of a bill of exchange, where the time of payment is regulated by its date, is material, though it is not, even in such a case, essential to the validity of a bill. An alteration of the date, material ” ■without the authority of the biU^win avoid it’.</p> <p>alteration311 has been made by sent, or not, SHF*™</p> <p>The date of a gives an thority to fill conduce tc>3y show that it was the in*arties thaía Satb^should3 be inserted,</p> <p>nViL.r+’n o«r sume a fact which a jury to determine* and decide ’ the law arismg-thereon; shouM bo*3 given hypothetically.</p>

<p>hyk^sherlff,11 conditioned that a not leave^he commonwealth until order^ofThe court, & shall well & truly decree and order as the court may^ by%°irtu°e of an injunction requiring the befeheldnto° bail, is void, being hibiting sheriffs from takbcmdTb^'col our of their" offioe.</p> <p>nlatin»0 writs of ne° exeat, only reqyirec takeSofrthet0 defendant -a bond not to the^ommon wealth.</p> <p>endorsement on a 2ghan*ery,m cannot ba ^ * ° Ue eX</p>

<p> From the Bath Circuit Court. </p>

<p> From the Bath Circuit Court. </p>

<p>A bill in equity brought contract for the conveyance of ligencb ^"not promptly tfu^and ane ¡¿ability to do so, beoause of an equity”. Refused; beoause R aP¡jeedwas*16 made according to con-^act; that plain-ant” accepted the re^irin^th”* production of derivatb.e Jje° the’ purchaser was acquainequity1** the persons alto hold ^'jnteres”1* th<Ldn.ereS*</p> <p>parchas^deed^wlthout objecting the tife of” a^for mer vender not relinnot after-wards object íook'to”^”S* covenant of warranty in deed-A^oourt of e-cases ofVve” ry peculiar & extraordinaonly,Compel a purchaser of land to retoR6 of damages which he may the render, for failing to convey.</p>

<p>A note to pay property on charged by tendering the foreT^e-6" mand, or subsequently.</p> <p>Juf] ment for a defendant on an aflirmasue is imma.'" terial, cannot be sustained,</p> <p>jf a deolara. tion is so defective as to ao_ tion, and a judgment is piaintifr in the court be-no^’be'nf" versed.</p> <p>Surplusage in a0es not^vitiate, if there a sufficient i1: good cause of action,</p> <p>A covenant pay property “on de"aid^in0 four months after date,” construed to mean that an obligor 'may bo hastened by a demand to pay within the 4 months, and at the ex-that^tíme an action aocrues without a demand.</p>

<p> From the Bath Circuit Court. </p>

<p>Before the nshts of b^afeoted**1 by an execn* íion5the on^wMch it" must he produced. A bill of sale absoiute'u’ on3its face^ made by a stOl°oontin ’ ms in possession of the property, is, SlenVás to " the creditors and subsechasers of the person possessed.</p> <p>The ruléis different as to void as to creditors and purchasers if it is not recorded withfromTts'date ’</p> <p>An unrecorded mortgage estate,S°can have no legal effect in a ^subsequent purchaser, even with tic8'</p> <p>The act of this rule^afeS relates to re al estate. ftoaST*8 within time, with the oot?* it°isre" sufficient. A court of equiti,]nay. relief in favor of an honest bon^ fide nmrrn-hirBC mortgagee of personal property, holding un™rr®' gage, against subsequent notice</p> <p>To be a purchaser with-t™|an’ law, he must the leK sary that the consideration should be actually paid; a„reecl to be paid, it is sufficient,</p> <p>¡ideratíonaotually paid, purchaser “^by^ioTice 0f a prior latent equity, ¿>e - a court 0f’ chancery, to his notwithstanhe may hn<i no' as°he receives conveyance the he is, in eon-law^a^ur °f chaser,^and may,in a pro-l°awdinfoteot Wmse?f°tho5 the consideration be not actúa y pai</p>

<p> From the Montgomery Circuit Court. </p>

<p>A bill in equity filed for of^btalnTn the value of, improve-under tlie^ same claim to land, under a pretence of dismissed, cause the diiTnoTmatce them beheving the land and6 did°not receive from the owner ^ement'siot improve.50 °</p> <p>Admissions of sei° in thersuit, not to prejudice the party against whom they are made, and more especially when they are unsupported, even by the . thecomplain” ant's own bill</p>

<p> From ike Shelby Circuit Court, the Hon. Henry Davidge, sote Judge. </p>

<p> From the Hardin Circuit Court, the Hon. Paul'I. Booker sole Judge. </p>

<p> From, the Montgomery Circuit Court. </p>

<p> From the Shelby County Court. </p>

<p>matoYnjf ?°” the adverse possession °f year?, there-0 becomes il:ivested > >!* Jtatííte °of* ° limitations, Vith such a eifable him to recover them of the former who^™tor’ haveTfterwards ob- * tlle 1>083<3381011-</p> <p>The statute ?f limitations bar °to°nthe a remedy, but takes away- °</p> <p>The legal b?1 modified changed without °deseev|^ ing it, when remedy, in lls ney shape, is not impaired; whenever 0? impaired, the legal right must be destroyed or im•paifed also.</p> <p>The adverse possession of slaves held by a .person out of this state,' cannot prevent the statute of limitations from running.</p> <p>The statute -of this state, and not that of any ether, must be the rule with respect to the time in which an action •may he broH ¡in this country.</p>

<p>If an árder of court points out explicitly which^road is tbe road is confined to and theOTdeí confers no thouty upon sor on any other ground.</p> <p>The record containing the order, be-edS the^next best evidence may be intro-^rove its con tents6 ¿'show that the road was opened not embraced by the order, If a road is' ”°taw£hedltS gr0und, a party may F°,ve to ^ right place.</p> <p>Lapse of timeF3^ authorpresume1 that-a road was established 0n, without the pfoduc°fth-e or-</p>

<p> From the Henderson Circuit Court, the Hon. Mney McLean sole Judge. </p>

<p>An appeal ofdoesnot lie ofinfavorofti“e commonw’th from a judg. of a county court, defendaaf on a charge of bastardy,</p> <p>, bastardy,it is discretionary court defendant PaJ*</p>

<p> From the Madison Circuit Court. </p>

<p> From the Trigg Circuit Court. </p>

<p>A' complainant claiming exhibit hifti-</p> <p>A partyclaim ing title to sheriff’s sale1 must produce thejudg’tand ^McMhesale was made,</p>

<p> From the Henry Circuit Court, the Hon. John L. Bridges sole Judge. </p>

<p>inatio^orTa charge of bastardy, the ™e°ínTerrogated as to her intimacy with. boutrtheetimé she charges charges the defendant: and the witness answering the question in the negative, does not cure the error of the court in not permitting her to be cross-examined on that point.</p>

<p> From the Hardin Circuit Court, the Hon. Paul I. Booker sole Judge. </p>

<p>for'fels^im* prisonment, ' the defendant justifying uncaííed P ii °capías pro fine, issued by a a constaWe, should a^e*ew|?at the inanded him to do.</p> <p>. , j,y the plea to the precpt, “ot , ÍÍTímrf* the plea, nor would profert of it have been proper.</p>

<p>no'legate RaS fect against persons not PrMes to the suit'in which it is pronounced'</p> <p>A complainant cannot, by virtue of a Hawy into effect a dea^rso^who was not a ° party or privy to the suit.</p> <p>In such case, the evidence beingclear, the court should correct- the abuse, by atution; but if the evidence is of a doubtful character, the party should be left to his remedy at law.</p> <p>A landlord may make the motion for restitution, where his tenant has been ousted.</p>

<p> From the Clarke Circuit Court. </p>

<p>]n ejectment;. declarafioa cann?t, by adding a6* ditional counts in the sore e0f°theeS plaintiff before known m the cause.</p> <p>Parol evidence admit-the contents6 of a sumed to be destroyed.</p> <p>An estate vised to executors, or aTshalíqua”-be fy, is a tingent vest until that event occurs; uatil descends to6 the heirs.</p> <p>tutor’s but before the qualificaexecutors*18 & whilst his’ heirs were on part of their land a Ju^°r the limitations did not com-Sn”06until the=qualification of the In case of a ^e" ™ght of entry cannot be tn-from tbe byabar which commenees and particular es-but in a c°ntingeM ¡s 0_ therwi'e, and eve.rí tbinS destroy or bar the particular es-remainder,</p> <p>™?®eisas regards executory devi ses; whether certain or contingent, tííey cannot barecl by or other act.</p> <p>. . on whichThe act of limitations operthere mustie a right of entry existing a^etba*ime of</p>

<p> Frorn the Clarke Circuit Court. </p>

<p>From the Montgomery Circuit Court,</p>

<p> From the Shelby Circuit Court, the Hon. Henry Davidge sole Judge. </p>

<p> From the Lewis Circuit Court, the Hon Mam Beatty sole Judge. </p>

<p>If an so°vedS & decree’ is pealed from, the injuncby kept in istence.</p> <p>by the injunction bond, if a.a enPfrointhe decree which dissolves a'IJ bond°Dand security is given to seages co”¡ decreed, and as mayappeajsu¡t is sufficient,</p> <p>. Idecree^oT & of mortfjlesnoTlu.er the condition-of the bond,</p> <p>The statute requires that, the bond secu5'e the judgment or deaPPealrom‘</p>

<p> From the Montgomery Circuit Court. </p>

<p>_ •ofoolour'may contract marriages, & a bond by such a me covert cannot be enforced. .</p>

<p> jFrom the Fayette Circuit Court. </p>

<p>A petition & note payable “in the mo-n?v, °f this</p> <p>ThelatterexstT^d0 toC°n" tlle rir. me-of the country-</p> <p>Bank paper.is n°t money,</p> <p>or ex_ pressions in agreements _ in^*‘ always’to be understood in P°Pular</p>

<p>tbe*1 bond the sergeant ofthe court of appeals, a-insecurities, to recover ’ money collecthe deputies on an execution, an aver-was collected br a deputy of the f!anh. '.st 110t should ako bo ave.rrred (hat. the principal pay over'the money collected, as well as the deputy.</p>

<p> From the Mercer Circuit Court. </p>

<p> From the Shelby County Court. </p>

<p>A bill in equity to recover back the amount of a debt paid by a security, sustained, under peculiar circumstances, and because it had beenprepag butlof°1"' which the seourit7was ighe "paid ithSn</p> <p>The responsities'ofare^'" mentai pay-1" master disdeoree direct* jng the payment of a °laim a§ainst ou® 0rfe^™ent first funds received.</p> <p>„ e the com'mandan.t of tho ^n^the-paymaster in favor of the £ÓTaffer,t°hi‘ (¡jca 113 court ofequity-</p> <p>Where mo_ ney has been advanced to ^¿o'laysU out in necesaries, a court who advanced it inf him^vho furnished the no-. cessaries, and a orc re !e ’ Under the act subjecting chases in action to the payment of debts, the persons who ■ have funds in their hands, being made defend ants, should be served with process, before a decree is rendered against them.</p>

<p> From the Shelby Circuit' Court, the Hon. Henry Davidge sole Judge. </p>

<p>Ona contract for the hire of son ibr * at$80,^f^the son abandons the service at^he^encTof six months, a justice of the furisdiction0* of the case,</p>

<p>(The Chief Justice did not sit in this case.)</p> <p>In assumpsit, defend’ts by the records of another 8,4346’ 4*)34 4113 beeifrecovered of them by 3 foreign at-¿bat "state. ***</p> <p>That the dem_3t!ds were yidgme,™s without exec,1íion; is no the^^istioe*'of the claim, unless the fnart¿h0^eot' thfuthejudgments were "j°gCO“rol“¿at they could ° not bind, un4l1 execution <^d! °°mp e"</p> <p>it isa general rule of com-la^> mast be°executed, or the judgment be^nvalid]71 This rule is subject to ex ceptions, by statutory or local regulations,in wtt cnn n frtr J</p> <p>By the constitntion of iudJmentstlofst any of the states are in every state; but credft"eater more* conclusive effect when dence in ther state, than they are the* state** *** where they are rendered.</p> <p>When ajudgment of a sister state i produced,Sit will be pretrib^-íí jurisdiction* of the and that the the parties1-63 if it is im- ’ peached, the ¿LHies^on him who resists it.</p> <p>fews states°ar-e3 must be as other</p> <p>The generai rule is, that a'l payments tfon^a judgmentare good without executl°n.</p> <p>Attachments pending, furmsb S?oil p)ea jn abate.</p> <p>tae'ive special matia evifleNe’can" as in-any more might have been special-Pleaded in</p> <p>A general ^rsonal^and as at large & fully by rhere0f annexed, is re-an(i thin^except is contained in the</p> <p>Acknowledgof an assisnt>r’in relation to a h^trinsfers^3 it, maybe8 given in controvert betweerTThe assignee and the party a theclaim i»ted.</p>