Volume 5 — Kentucky Reports

<p>The record of the coa.it> Iwve tGbuüd a müimuftrtite the bed of the propertjTof ⅞* applicant or in the^cucomon.. 8 ‘</p> <p>The return of the inqtiei! muft Chew that the jury were charged as tht law requires,</p> <p>The inqueft (nuft inquire of mi make pofi-tive mention of 'the feveral matters required by taw to be given ⅛ charge. ’</p>

<p>where there-fence is purely le£al’ and l!>e ^defem)" him! kit at law, e. ‘3“'ty Wl1’ not relieve — Acc. v,,¡. , Co-wan ⅜⅝ J73 0 n^nvs £iw«, 354.</p> <p>ioorr tf j,,, and a court of bfve ¡⅛⅛¾™* «a the r*rty fails bu£ to defend at law, he may neverthelefs re~ fort to a court terree at la a and Jteili, cqu.'ry will not retry the matter*</p> <p>fjme in cou rta of law and in «upsufeqmty Cm¡¿, wl. o 394. The rules of evidence and the rules of ce-cifion, are the</p> <p>The quantum ©f damages in ¿6Uons found-iflg in damages is peculiarly and exclufively within the province of a jury.</p> <p>A court of equity will not cverhale a trial at law for withdrawing an entry and aligning the warrant fraudulently, upon the fug. geftion that the jury gavedama ges for the total number of a-ctes, wheteas, if the entry had not been withdrawn, a great part of the land would have been loft by pri • or claims.</p> <p>That the party was prevent - ed at law from giving evidence to fhew that a great part of the land would have been 1 >ft} h no ground for relief.; his remedy was by bill of exceptions.</p> <p>A fadt not al-hged cannot, although prov. ed, conititate the bafis or a decree or j.idNment; but mu ft</p> <p>^‘¡htaPK7 p'ratber &Sm¡-⅞⅛ 316 — M'~ cémet</p>

<p>Cenaran «- warded ⅛th« CQUlt ¿X 0Jj}{Ít-.</p> <p>No «mentó °^e made mteA there is fcme-thing co amend by.</p> <p>The enrolment of one deed tn-iteadof another upon oyec pray - rJ, auré-ifetl in e ^urr. below ar-te» error brought</p>

<p>A/./a. upon a judgment of the general court may be iifaed to any county in the ftate, and need not be fent in thefirñinftance to the county in •which defendant rendes»</p> <p>T,*e icfidence jan‘ ⅛ Fmnk-lin, without any *»«n*nt thst tate there ¿fa* úsíy the- execu-f,un» d‘j not ncni court ira qu»flúng-ane» ^“l,on^“edt0 count^’</p>

<p>¶⅜ contract lueof*t«»ctof land rescinded, becaufe the IngThe induce" ment to the purchafer.to.be ef^the'ddeHe-gai title, and knowing his fúnior date* did not disdofe’the &⅛</p>

<p>A witting r>cm the register is not good so pass the title to the purchaser at sale for taxes, un-lefs it he sealed.</p>

<p>Example of covenants held mutual and in-dependant*</p> <p>The rule is¿ that if any money is to be paid before the thing covenanted for, is done? the covenant* are confidered as mutual in-dependant 0©⅛ feaantio</p>

<p>Judgment ⅛ default is nog within the ⅛* ute of jeofails*</p> <p>(*) c: Cell cm %>*G'tbb$% a Burs, §9$*</p> <p>Want of. both' chriftian & tur» name of plaintiff not cured by ftatuteofje® oíaüS|</p>

<p>New trial set |o be granted ora thc sround f which eh* tyfurprised bad In his power before the triaf, but neglefted to produce.</p> <p>Where a toad has been opened under an order of court, upon indictment for resift-i%g the over/éer in repairing and widening’ the road, the de. jendant cannot go into the inquiry whether the road was opened in a right line between two objects as the order directed*</p>

<p>Declaration charges a cove, mac to deliver corn "in a <ea~ finable time.**</p> <p>Upon oyer the deed was to deliver com in fe-ven months*</p> <p>The variance Is fatal» and might be taken advantage of apon general de jnurrer*</p> <p>After office Judgment, defendant ought not to be permitted to file fpeeial demurrer, but if plaintiff does not object, butvoiura-tarily joins the demurrer, he cannot after-wards object to propriety of fi ling fuch de-mutrer.</p> <p>On fpeeial demurrer,the party ¿*§?nurring can take no advantage of want of form, except that which is particularly as-figned for catifej hut may take advantage of want of fub-fiance, whether particularly assigned or not."</p> <p>When fpeciai demurrer is offered to fetafide judgment by de fault, plaintiff may object to join in demur* ler until alignments as to matters ofiform arefhickenout*</p>

<p>Leave to withdraw a plea is addreiied to the difcretian of the «ourt ; no rea-fon for with* drawing general jiTbe and relying on fpecial plea only.</p> <p>Declaration that defendant faid-of plaintiff he had ftolen a fst and waiter, plea rhat plain-tiffftolea waift. coat pattern is act admiiSble#</p> <p>Plea that o& the -.- day of — plaintiff Hole, &c. | replication that he did not ora the —— day of «■-— fteal, &c.v is a good replication to plea.</p> <p>On dfemurráS Co etidence the court will infer ¿very face which a juigf could have in« ferred — Accerd VOÍ, IyÉuhbard vs*Pratbersl%Q —¿White Ws Fox, 373-5 — - Cbafixi w.Bmei 613.</p> <p>In {Under the allegation of plaimiff’s good fame is but inducement, and not traver'.ablej the gift of the action is the injury done to it-That which amounts to a juftiftcation mu ft be pleaded fpe dally,.</p> <p>in affcffing damages the jury muft take into eftimation plain tiff’s general character and his ftanding in fociety.</p> <p>Delendant has a right to go into evidence as to plaintiff’s ge netal moral cha racter, and is not to be confined to evidence of the particular fpe *íés of immorality charged in the words laid,*</p>

<p>«ence of Sbac which not alleged can - not warrant a dea - — Accor. Morrjpn's tx'r. •sft, iió/tf ante 4</p> <p>A voluntary promife without consideration, not to call on one of two ob = Iigors for any but half of the fum would nos. be binding,</p> <p>fromtheeff-as i>f the co-obii-got before info! lonS ate** an» ground for relief Trbat the ci-ther co obligor has become in-fclyent, and but for the promife to hold the one tefponflble for his half, he could have fe-</p> <p>, J}1* an-/ equity are th- tai„c — Acc «⅞1*4 ⅝</p> <p>JParolevidence sot admintble to explain or contradrS a wri ting— Accord. Query ms White, ⅛. h p. »7,l.</p> <p>If a writing j? 1"“nded 5j.“ tlkethemjured party may have rellci-</p> <p>Forbearance to afe legal means by one party to fecure himfelf, at the requeft of the other party, and confequent loss, is good eondiderarion to a eoñíraíb</p>

<p>Girf os a nave accompanied by pofieflion is valid, ami cannot be ínvalidaásd by a fubfequent tíeviíe oí the donor.</p> <p>An intention ta emancipate, frequently ex - preved belore the gift, cannot snake it conditional*</p> <p>Where there is & ftrong probability that the juftice of the cafe has not beets fairly and fuily tried, or the verdiéfc Í» tíis weight of Evidence, a new trial ought to bg awarded —Acc„ Price /vs. Csck~* ran$</p>

<p>The prelump, debtór’rcfidesb the county where fuit wa« cefs was served.</p> <p>Ti,e iteiff’» “n° fi, fa. dfceáed ta the co“nty ”jhjrees ciuiiveevidtnce ?f n0 property evidence that he faath no»«</p> <p>riff returns no property, and biunt of hi» county, fuch re. ^nceofthekl ftivmcy of the debtot*</p> <p>Affignee muft ufe due diii. gence to reto-money !⅛⅛ has no recomfe agamft a&gnor.</p> <p>ty where debtor does not refilie* ⅛⅛'» does not amount »diligence</p>

<p>Matters itt up in aft aiifwer by way of avoidance muft be proved-*-Vol i, Maliinger vs. Worley, 196— Heading vs, Fords heir ¿>332</p> <p>Mv gives big obligation to W to convey one kalf of bis preemption on Pct-Finger's creek, the. pre-emption in fait is on Floyd's fork, W, fluil have the pre-emption land on f loyd’s fork®</p> <p>L In mere equu IBble mterefts, shat which is .prior intiméis to he preferred»</p>

<p>The. propne-warrant3 may jurfue it into the naatis o*» Slat’ hí loable tonfide-Taso-- having they6 acquired legal title to the iaacis.</p> <p>' improvements á»áe under pos. luuuii aitjuitcu mola fid^. noi to fee ⅜⅛⅜⅛⅛:</p> <p>But improve^ ments made by innocent pur-chafers of an e* quitante claim without notice of a prior equity ought to be refpeéted, and the proprietor of a warrant ought not to have profit from the adventicias value Accruing from the enter-prize, labor and indnfiry bellow, ed by others innocently oa ths land.,</p> <p>The chancel* lor will not is*> prive an inno« cent purchafer of a legal advantage, whether rightfully or wrongfully obtained, in favor of a latent equity $ and a prior latent equity under one conflicting entry is outweighed by a junior equity under the fame ciaim united to the legal title under a fubfequent en. try-</p> <p>ín. dividing landsj, a part of which have been improved arid enhanced by the iadutlry and 'ehterpnze of one of the tenants in common, the equa« lity of the divi« fion ihould have reference to Quantity and quality, eftiraa-ting theayerag-ed yalue of the whole tract per acre in It%natu* ral and umm~ proved ftate.</p> <p>Where the de* cree fot the land Itfelf is obftruc* fed by a conveyance to bond fide purchafera without notice* damages fhould be aíTeíTed ac» cording to the value of thé land in its natu ral ftare at the time, of the as» fef. ’ ■</p> <p>Coñsj howde* creed,.</p>

<p>If feet» ire truly ftstej, fate resfonine* or miltaksocfe-eulatioM from grounds*^ "Z nulling contrails; but fails fóraíunof'o' pinions or cal. ¿uladons as to SnJou»h<°tobe Sfdofeá,</p> <p>The purchi-fe having dist«,erepreveived the agent of the ¥.en.‘ior. f ,rom concealing the difeowry (mm artifice,"is°guHty «f fraud,ami a»u not hold thepurcfofo</p>

<p>daughhrsof Rs tQf tai“ wife, does not creat.e *,1|⅛ e{~ by implication A deed of gift by S & R (the grandfather and father) to the</p> <p>A par<'l gift •f Haves ¡<1*85» arr^mpaaieri by 5 years ⅜>¾ in rhe donee, bns the donor’s right of recové* ry, and consequently of all perfons claiming under the donor*</p>

<p>A writing e*;* ecoted to ernan, cipate Haves before it was law* fwl fo to do@ w^uid be valid upori reacknovf» ledgment after the ftatute per* mitring ema&* cipation.</p> <p>Proof by on® witneffi of the acknowledgment of a writ*1 mg to emancipate, and that it was acknow«i ledged in the prefence of, and attefted by the other iubferib* ing witnefs, not fuffkient evidence to admit the writing to record under the ftafcute of Vir-</p> <p>Verdi£k without judgment on it cannot be given in £?1¾</p>

<p>%pon feveral counts, one of which is faulty, the defendant smift demur, or move the court to irffcru£l: the jury to difregard the faulty count •• — otherwife he í..‘.í j£ take advantage of the 'y count after, general ver-"⅛ •</p> <p>Ifaparty with, draws his demurrer after o-pmion of the court given, he cannot atlign er roria the opinion of the court overruling his demurrer — Accord. Trigg vs. Shields, Hard. 269,</p> <p>Principal in replevin bond pays money to plaintiff’s agent with directions to apply it to the bond, the agent withholds themoney from his employer, and does not ere ait the bond, hut iffues execution for whole amount,and coerces the money from a fe-curityin the rai| ptevin bond ; the fecurity may weaves ' from the agent the money withheld as fomuch had and recetv* ed to his. ufe.</p> <p>A receipt gi« ven by the agent, in behalf of himfelf and amtbar, will not defeat the action againft the agent alone» who received the money and failed to. apfáj. it.</p>

<p>If credit Ugl-ftn to P. for i»cat,drink,&c. ©fC, at the re-gaeft and procurement of P . the ftatute of frauds and per-Julies does not apply to the demand againft P.</p> <p>Proof that C. was at a tavern from Auguft in one year to Au« guftlnthe next, except when he was out on his buii*fsas a deputy &criff>and that he was thereabout half his time, is proper evidence to be left to jury So fay what the tavern keeper fhall be allowed tm board.</p> <p>Where the court below re» fufe a new trial, moved on the ground that the verdict was againft evidence the error ought So be glaring to Induce the appellate court to reverie the de-cifton — Accord ▼ol. i, Gift vs. 1⅜⅛ 104— M*Kintiey vs. M'Cwti, 139,</p>

<p>A parol contrail for land? previous Co the ftatute of frauds, is valid, aod will be enforced in equity* .</p> <p>Nor will it be Avoided by pa-to! agreement fubfequent to the ftatute, which cannot be enforced*</p> <p>B. strife? to his daughter, the wife of A. 250 acres of iaodj it is no fansfa&km of the like <|uanti« ty due from the teilaeor to A. ⅛ hh own right»</p>

<p>When the bill charges a fact, to be within thfc knowledge of the defendants, or whkh may failly be presumed ro be fo, if the aniwer is íiient as to the h£\} It will be t^ken as ad» n.kted j other-» wiic where the (aü fs not within I he knowledge of defendant, nor pre-fumed to be fc4</p> <p>A power to lot$te and fuivey gave no power to fell ; and an exprellion that he would gladly fell part at a low rate to procure money to defray the ex-pen fe of refidue# aid not autho-rise the pirfjp to whom it was addiofiedto fell,</p> <p>A letter, fub-fe$uent to an unauthorifed fate, giving an agent power to fell, did not legalize the pre. vious iale not ratified under $&e power®</p>

<p>If covenantor hinds his heirs, and dies pending the aftion, the fuit may be revived againil heirs and ad-rnimftutors by Matute*</p> <p>Covenant t® convey when laft payment is made, the bond for laft payment on a day certain was affigned, Ss payment made to affignee 5 no notice to cove-nantor, of payment made to the aflignce.wak neceSáry to be given by the co-venantee to maintain the action of covenant for not convey», >%</p>

<p>Plea of the and perjuries a¡. lowed,</p> <p>: The-,alleged íl¡?»'Vuftboth denying the truft, the parol fidered^oo weak e# eilablilh it.</p>

<p>L, e»p!o«S C. 10 cbt$ii his iertifitate of «Mtlfit ent ar>¿ fit ev puon 8c tttty them into giant, Í . to ha*e one half Ur his íerv¡tcf| he til gt ed ¡he ciaims to b ir«* ftli, ard there-b) obtaured ibe giar ts in his twn rjn e,f< n~ ¡va) 3C0 scies 15 ⅜⅞y of itrrprt rr tie vith irtcrlfitfg tlMXiiauwhijp L. came to fCy. C, makes a di vifioT? L.fet'jes on the part *1° 1 tted «.o him, bat <. bNn.el no conveyance.</p> <p>Upon bill brought by the heirs of L>. to have one equal moiety of the whole quantity ot lan :» C. in-fifts upon the eompromifes & dmlion made as valid, and therefore that he fhatll convey only according . to the dív¡lk>n&</p> <p>C. had no au thoricy to dii-pofe of any part fo as to aifect L.’s intereft.</p> <p>As between 1⅛ and C, the lat - ter can ftand ⅛ no better fixation tnan lithe grants had HTue4 rightfully to La</p> <p>Equity ' willy-compel C. to convey a moiety of ' the.. wholes unlefs he ¿hews that he:-a£ted‘ for the benefit of L in com-promifing, m has done .no more than equity would have compelled L. to do.</p> <p>The divifion being unequal,, and accompanied by evioen-ees of fraud or miftake, is not obligatory.</p> <p>C. failing to íhew' that he conveyed to claims of fupe-rior dignity, is decreed to convey one equal moiety of the whole landsfar* vcycii</p>

<p>Ü2 PsJffljKn ⅛ fa& n. ceílify rres„ upun che reaiti,</p> <p>so m crefpais fr Dea.ing a jQ*vet actual f* ¡Ciii <n m píame; if is ne-</p> <p>ir the court jrahimt the couiuel fWrn dt-gusng che qaes-ISons of face to Che jury, ¿t is tirtmeytiSs</p>

<p>Under a devlfe of a flave and her increase, a child born be-, fare the devjfe was written paf* fed 9 - •</p>

<p>compel TpeciTic jerformance un Jefschecontr.a fcnaUean<i"or then if ⅛ k executory, and the party feck-ing to have execution has not in fome meafur® performed his part, fothac the ordinary rulesof the common law cannot af« ford redrefs.</p> <p>Example of cafe in wWcfe fpecific execution will not be decreed*</p>

<p>The fummary j*iode by ftatute for putiiibment ©i breaches or tfee peace by af* lauks auJ batteries and affrays, Unes i>3t repeat the pu* Sifhmsr.t at com aa-n law.</p> <p>fbtatutesm^-ri tnaurta are to be taken together to ascertain the true sen® fhu&ion.</p>

<p>' ’ The parties a gree to tx change lands a-ere for acre, in laying off the land a mistake is committed by which one party receives a ■deed for 105 in-ffead of a-eres, he mud give up the fur-</p> <p>That the deed is for more or lefs does not make the mistake binding.</p> <p>Expreilion of fatisfa&ion with the exchange and deed by the party injured, be fore the miíUke and fraud was difeoverpd, ought not to preclude the correftion of the miftake.</p>

<p>Bilk o/ ex» change -re traoa furred b/ ea~ corfement only according to the law merchant*</p> <p>But other m« ftruments as-fignabk by iht-ufe may be transferred by a feparate miku-menu</p>

<p>Á arehtfine soo" Tcresoutof loooarres,with covenant that if U <■«»'»" by an Interfering claim, he. ihuuld be remunerated out os the rsiidue ot the fame trait, to be choleo by him — is evicted, a.od has decree for 150 it-eres out of che faid trail, he choofes land ira proved by the deviiaes of the covenantor.</p> <p>A. feaii pay for the improve,, meats.</p>

<p>A áeit ⅞?*-rate* deamd, nor a feparate demand againifc a joint one.</p> <p>The debts fefi off mu ft be mu» tually fubfifting at the time of fuit oommenctl</p>

<p>. , a Znfirmuhty,n mentis no ⅜⅛ revería!,</p> <p>takes™?1 tea" mended at spy tíme inthe court ⅛!°/7¾" Cemef ante</p> <p>Iffuimiflion is to two and ward bvthetwo U good.</p> <p>⅛™ ⅛ caie the bkrators cannot *8re*‘</p> <p>If the award Sates the arbi-fworn, it is Pre. fumed that they re°u¡ ed"b '⅞' ftatute. ! *</p> <p>V-iHtors -«"edVnhout notice tonneef the parties,mu& be obje&ed in the c ust below —(he award need not recite that the parties were preienr or had noiire of the meeting of the aiburatorí*</p> <p>If parries agree ⅜ that awaid ¿halt be returned and entered as the', judgment of the court at fame term at which the fubmiiTjors is entered, it ill no obje&ion to tbejudgment of that term that: one ofihe parties was not pre* ient at the re« turn and mem»</p>

<p>Detisue fas Haves, may' ha maintained by hdrs? agaisá i third f~ {ci where *i e art-■vision, ' ⅝- i"r~ inch afient.)</p> <p>Á pet ion vAo ha, u-UaieC all intereft in the cunuoveri/ is tiiaiSby in,is a compoCooC wit-</p> <p>Tl.f wrnl,-cate ot a magil-trate that the liarties content, ed to Ae taking of a depoftrion, not evidence of the confent.</p> <p>If the com. c:a filan was to take a ecpofi-tkn L c ejfe, a o . 'nt to Z-l't if and before o-r.e magii-trate, would be .r i; flood lube according to the commitiion.un-it fs the contrary plainly ap-Jiears, and the nabil'-y of the. witpefs toa* tend nit be made stat.</p> <p>A ⅛|1 ofif!ls executed to de-/raud craihors, is binding Biverrh'k'15 "n an.j , and tt4~ tl.cr the g«-3n, : nor in» litiis 01 conii-•i-'ruDon or GSe fiat uuienr in* tent oi T-e stag, to- in a’-o’d.rti-. ; ui tJis no</p> <p>After bill of (Tale executed <fe jjoiT-tirm deli vered under it, gve years pot. awards in the grantor,ft nota luí to theadion but properto^í left to the jury ⅛« the”a*he" fed canteUéd the need, ur con fide.ed it «not force."1"8 *"</p> <p>lt fhves are th*’dTmltf '"of the lender when Sh pieafes, the ftarute of ¡mu-begin to run (as between the parttes) unta de maud & refatai.</p> <p>If the court give inftruilions to che jury anji the verd;& cor-refpoods with the mftru&iont, the yérdiíl rhtift be fet a fide,not-withilandingthe evidence would have warranted the finding^ for the jury might have found dif« ierendy but for the improper in ftruttioatfof the court*</p>

<p>Wool held $impfon*s bond |or conveyance of a hoúfe and lotj upon an ex, ¿cution agamft "Wood, Sandets’ Became purchaser at ihenff’s ¿ale, afterwards Wood affigned the bond to Allen $ after this Sanders paid a fum of money claimed bySimp fori as due him for the lot from Wood, and obtained from Stmpfon the legal title: Allen brought his Bill againft Sanders to have a conveyance of the legal title Se for the rents ac. crued.</p> <p>The mere e-guitable claim ©f Wood was not fubjedl to execution,</p> <p>Sanders having acquired the legal title with notice of the af- ' ligament to Allen, cannot be prote&ed by the void a€£ of the fhenffm felling under the execution.</p> <p>The mere claim of Simp-lon that fomucK was due him from Wood,can not be taken aa the bails of a lien upon the lot in favor of Sanders for the fum fo paid.</p> <p>Sanders decreed to convey to Allen and to accountfortent» from the time of fuit brought^ Allen to pay for improvements by Sanders fined his purchafe at íheriff ’s fete.</p>

<p>A proft:r.udon for binding a ssan to keep the peace, is a criminal procee*</p> <p>Conftru&ion ⅜€ a fratute fikould be made with a view to «ther ilatui es in $ari mat tria.</p> <p>Affirmative as well as negative flatuCeswill repeal a forma law,without ex, prefs words of repeal, it the provisions be ⅛ íubftance incoa íííient with the former law*</p> <p>A recognizance to ke«p> the peace eakea to the governor, is HU</p>

<p>Complainant fets up a con ^u^hJcutiand propokd b> kt-terson his part dak b-. a letter that ccmplam-at “ might i ve the lands at tbire pounds jx-r ico seres— wih akwe^me ~t kail be down m jour ⅜-ik,daot nenies ¡re ewtng any jene" '"under she chrumftin ¡heh 'uT a.<‘'pi-cl<:fukn,"mt ««oír*#.</p> <p>Ic is eBVntiai CO a con: rati that ir be recU procally obliga* tiny upo» ih# pasiifs»</p>

<p>Upon |u^g- }■ mm r»f ou'hr^ chs .{coun 'miv in •tkeír di order the iereo-üanc t> plead toiacdiacei/.</p> <p>But if court i»d improperly ^«ufethat'er* tor is’cured by eontinrjnce up on m>con and tiff iq amend fei« wunt.</p> <p>jUfufcl of the ¿utt to iiujaire feiaow-re t»' k# oa the reí# days or not was proper where defendant did nor ' &ew that he had been as - prived of as opportunity ta make hit de-fence it til* rules.</p> <p>An obligation for money payable on demand may be put is Sak at loon a* executed.</p> <p>The rate ⅞ inter eft is matte of law, & muí be exprefied Í the judgment.</p>

<p>If one appear* i> to be affigne4 ¾1 error coram iftobts ajnd not in th$ appellate sourt.</p> <p>A gift of a .jiave, to be va. lid agoinil creditors an,d pur-chafcrs,muft be %ccorapaníedby delivery of pof-feffion, & that poííefifion muft remain with do-wee or fome yet fon claiming 'Wider him.</p>

<p>M execute* his bond to S for rent of * houíe*4¿pgu tfce ufe or N, for aco dollars 3 M paid half, B agreed to give N the othec half as a fee g N crew the bill* gave lome coua eil and died before the fute came to ¡ÍTuef" B Sued on M*s bond and had judgment — Ms enjoined.</p> <p>’B is not bound tv pay the whole hum to N $ ⅞ reasonable com* peniation tot the Services rea cored it all *h&£ he is bound t« pay.</p> <p>If B had pas* N the whole,he •would have ⅜ claim upon N't repreientativst Co refyad*</p> <p>M being N's executor, ought not to have relief in equity againft hUl-ga! 1.aV'ilt?y> uriris he fiiews he has eo ¿ijjtis Si was prevented bv B’s agreement wirh N from fecur-tng himfelr.</p> <p>As to N’s íérvicesrender-ed,a jury directed to alíe. - h -w snuch he defer i.ujontiion So be oeroetuai fr»- in much, & "dífíalved for the fsliilue.</p>

<p>cy a?th^timé it was made & toriety of ©bjeéis at that An entry tmift be tefted the notoriety of</p> <p>rule s. After-acquired notoriety Accord vol. i, j>.631, Entries,</p> <p>AMrm'ative teftimony oi no. toriety may be countervailed by negative e-vidente — acc. vul. 1, in-Jex, title Noto-ri«yy .</p> <p>Specialty and notoriety efTen-tiais to a valid location.</p>

<p>Notoriety o fumed '</p> <p>Creen vs. JVat-fpn, 105 — fldP-w Thomp“</p> <p>Entiy 41 on the lsf„ fide of Kentucky op-pniiie the mouth of Red river,” good location— and the manner of purveying di* ttéttá — Vide Calk 1is, Strib-/⅛, vol. I, f» S'</p> <p>Entry to adjoin N’s fettle» xnent and preemption, before yre-emptionwas located, to adjoin fettiement only — yideroi. S, p. 633, rule</p> <p>And efpeci-aliy where to apply it to the fectlemeru only would operate snoft in favor ©f the adverfary claimant — ¡fide Smith vs. Harm TCW, V0l. I, p, 30Z.</p> <p>Entry on the S. fide of Ky. about 2 miles below the mouth of Red river, beginning ata tree marked 1„ S. on the bank of the river; the tree generally beio^a i z 3 miles on a, d"ea tn™n&r.% ccjuld not have , been f°“nd b7 «¾” ' ' ⅞ "'</p> <p>The ®nuy ca.nnot ¡>e juiV ‘⅛⅛⅞⅞ the tn» andta-k.!n# the e*ait *»uyi.</p> <p>Entry to lie wKemucky river to adjoin W’s Settlement on the lower fide •nd T*s entry on the upper fide, and to extend out fouth-wardly between thofe claims for quantity, not Supported be-eaufe T't location was neither notorious nor ftatiñed.</p>

<p>Complainant snuíl íhew a va« lid entry prior to the legai ti-tíeofthe adversary claimant— Fide acc. vol. 3tj 634»fu!e 34</p> <p>Dick’s river prefatned noto, rious in January 178* — Vide Grubbs v. Rice, next preceding.</p> <p>To join H. P. meins his land.</p> <p>,,-,⅛¶,1‘⅜,⅛ pkk’s ⅛, &c. and joining ⅛⅛ which P had putchafed, ⅛⅞ „amé, having no other claim ' notorious in that</p> <p>entry with the (Wveyor to be ukfn toseth?F each other._ Accord, voi. i, ^ C^~ &r></p> <p>Aa“! fílfer where com was railed /■njumed cord^voí"^!" Wiijm-v.M'Gu 34 — Mom’s v prant</p> <p>hound to ⅛-m-film part of hi» claim — Aerará ment & fettle»"</p> <p>where anea, ‘¶ d?pends on a settlement to-cation, it ¡$ne-ceffary to pro-c(°P!f LmTfef eeL. ~ ^iffioners, the entry with the furveyor alone Is not iuJB cleat</p> <p>The head of M Creek, means the fcurce of the longeft branch, unlefs general reputation had given the appellation to another.</p> <p>To eftablííh iuch reputation on an inferior branch, the t-Viaence ftould be forcible— Same principle Wkitahr v, ¿tall, 1 vols 75</p> <p>A furvey osty 6 weeks old, cannot fuppoit adepei dant en. Jry without proof of notoriety— Vide ift ⅜«|. €33, rule *4-</p> <p>Such furvey, «fen if recorded, was not ac-cesible to other locators— Ace-foi„ 1, ÍShalle v- Gaiicivay) 140 —Ward v. Lee, eff.gr.ee cf , Ycrng, ⅞7— JM'Creciiti 111. ¿reels. 48 — xft Crunch, ff'iijm m. Mejor,, ico</p> <p>A fuivey long Blade but never «corded, and sot notorious, cannot be conli-ieted as legal notice, not uphold a depen-dant entry.</p>

<p>The marked trees called tor as the beginning not to be dilpensed with.</p> <p>Entry deemed ▼alia by reafon of direction given to find marked trees, not of them-felves - notorious.</p> <p>Descriptive calls an an en*» try oughj: all m be considered as applying to the primary and main object of special location^ rather than to the body of the land* unless a contrary intension is dear.</p> <p>General calía not to control locative calls.— Vide,, vol. I, p, 631.a, rule 6.</p>

<p>Where two oi>jccts equally ^££rJ’ ken which 0-p««es in the b!y to the clai-roínt under that GrÁhmVskt mt 107,*</p> <p>Diflances be. tween two ob-jeetí ob a road, to be taken a. Jo-g the mea»-ders and not on a duett line,</p> <p>Eaftwaroly, indefinite, si aifying which side “jp the "base""the land is to ¡⅛— rules'* *</p> <p>Re&nguiat de^rted1 'from otiléis the calls oftlie entry are wírhrhat'figure Fide vdt. 1, p." «33, rule ¾⅜,</p> <p>e,,having an «try of *000 acres. ⅜* w ¡ t n*® iraws his entry of 1000 acres, No. 163; no íng íhewñ in the name of c. the withdrawai ap-try for 2oco », tres, and con-fwktd«waTof jooo acres on-Iy: residue Rdfandlbesur: veydirefteí.</p> <p>The length of the given base, and the call to include an ittt~ frovement, be-* ing incompatible, the former made to yield as far as neces-fary to comply with the latter.;</p>

<p>Entry — 500 acres to include a i'pring and run down the branch, how to befurveyed.</p> <p>500 acres to join the former on lower fide and run down the branch,how to be iurveyed.</p> <p>Accord, vol. I, Green rosc Watjon, 107 — « Whitaker <vsi Hall, 79 — Da*» 'vis vs Lock.* : hart — ~ Hard8 368.</p>

<p>An entijr. not surveyed nor-carried into grant, is not ⅞ foundation for a decree against a patent.</p> <p>Want of averment by complainant that his entry is valid, is fatal o-miffion upon bill fro cotfasop against holder of the legal tide,</p> <p>BUI dismiffed^ without preju® dice.</p>

<p>Agreement be® tween holders of entries to abide by dividing line* is within the ña-tute of frauds and perjuries* and muse be preved by w» .. ten evidences</p> <p>Certificate of pre-emption for marking and improving, cannot aid the entry with the surveyor — Acc. voL i, M'Get -vs. ‘Thompson? lZ$-~Patterfon -vs. Bradford? Hard. ig8 — * M* MUlen -m9 Miller, Hard/ 495- 6 — Lillard -vs- Taylor'% heirs, Pr. Dec, 248 —M' Ciena* ban <vi, Litton? Hugh, i%i — . Bryant and O-wings -vs Wah* lace, Hughes</p> <p>So far as the entry of a preemption departe from the certi« ficate, it there» by loses its dignity as a preemption, and cannot be ri~ claimed by a'« mendment t© the entry.</p> <p>Notoriety of a furvev «.'Led for by an adjoining en'rv* can hr tiisot r - ed v.fh oniy by u’vjug a ci-reCt ion wi.ii. ⅛ Will lead to it by leaf í 30⅛ diligence, >r by ihowing that the furvey was or.J amable ro a Fide vol. i9 Neale vs GaU ¡envoy, i 39 — «* Ciciiand's heirs vs. Gt ay, 35-8 - — Ward and Kenton vs. Lee$ Yourg, 27~* GcoMett 6j*</p>

<p>To recover ⅛ ejectment tht plaintiff must íhew his le.-ial filie to be die</p> <p>If (wo grants bear rhe same date neither cam prevail against the other» fot plaintiff in e« jeftment.</p> <p>In fuch cafe the condition of the defendant is the better.</p> <p>The priority of recording the grants is not e« vidence of pri* oiit, of ⅛⅛,</p> <p>, Th^defVnagnC In ejfji*:Ti2n: imy ttereac the action bv proving a iubfjiting title cut of the plaintirt, al - though not in hirnteU»</p> <p>Where the grants beareven cate, it is fuf-fident if the defendants ihew that their pos-feiTion is con-fiilent with one of the grants and by confent of the patentee, without deriving a legal ts-tie to themselves.</p>

<p>Notoriety of Salt river pie-aumed — •¿'⅝ Davis vs. Dry* ant, ants 110$</p> <p>Improvement being notorious, description it» rditivei firuation to anothet object, deemed bat</p> <p>Call to adjom «element and pre-.mptmn, when both, had &een Purveyed upwards oí two years, to adjoin ca — Vtde tvi'-Crackm is. ¿ícele, vol, j, P 4*’</p> <p>itegiiter’s ter-tificateofiaeor Purvey, not excepted to m court below, evidence ot the vw'iTe^vX i 5⅜6 — Mtlcr-u Commvnmaitb, 405 —Hubbard 180.</p> <p>A report of fuivey be consent, uken from a connect'he Wfurveys vrere ceitified as íaid down from a.tefted^opies, grants, copies of thoie survey» «uh.</p> <p>fetekment and yre empuon, ⅛⅛>⅜« ⅞ was attetei, ft»u adjoin the set-¾⅝ Crulbi Ssivuts, 'am</p> <p>Location ii om bothJidsi or Sait river, including his improvement,4’ survey</p> <p>*i joining H„ below, tunning, down on both fides of Sait ri« ver to include improvement,”</p> <p>o{ pBemfUaHi departed from, the a"ící,tti⅞ survey departed hom entry, the compUm-mt ⅛ eiulty ver only so uch land as is tmmon to eerie, entry Sc liman vf, n, ante 12-4-</p> <p>proved that T. aeTet “3⅛ an then, and ne. ¥=r was in that part oi £he mpruvemens notorious F’s, the cer-ñcate of com-hilioners * applies to that* although it was</p> <p>Certificate of fommiilioner* right it »peci-fie9> »g«nft ail’ L“. who then had . veiled Ward ⅜ VOL 3j Fitch's devisees v, Bullock, Z2$></p>

<p>Surrey ,ioi RCtoriouj, and enly one mc-ntu eld, cannot uphold a depen-dant entr*— £¾½ Roths*» vs CiWx, sr?íf¿í 3*4. .</p> <p>Before copisi of a «urvey coiiM be give® out, the des® cripdon contained in certificate of survey was not acces-fibie to other locators.</p> <p>Example® »£ evidence not fuf» ficient to ella» blish notoriety of surveys j & of description ira certificate of survey too. vague to lead to it, by reafonabl#-diligencc.</p> <p>Vide Rúíinstni vs. Cons, unit 134*</p> <p>⅞⅜¥0|_ x Mek vs Gal. *39— ⅜8 j, H'ard mi, Laf</p>

<p>An object appealed to m an. ehtryj- as locative, rr.uft be characterized by an appellation generally known and ap - plied to ir, or by other accuracy of description so as to enable others to find & know it as the one intended — Accord, wide yol. i, 634, rale 33.</p> <p>Á spring large and reiorted by game, might be found by reasonable search.</p> <p>Entry invalid, feecaufe Scott’s Spring called for was not notori-sbs by that asme, and the other desciip-.;5..tíí>ü was not "suífident to u \&⅜⅛⅜ ⅛ it,</p>

<p>Identity & no-tpriecy neceffa-ry to a good ie* ttciaa*</p> <p>€i About fis*. teen miles a~ hove the Scio-to/* ought perhaps to be applied to Big Scioto* rather than to Little Scioto.</p> <p>The dh&ance to be taken on the Ohio, by the meanders* and not on ⅞ direct line.</p> <p>Cali fordiftaa*. ces to be un« detftood accor* ding to the u« fual mode of travelling fronfc one object to nother,</p> <p>Tó omit t® call for a ftream by its appropriate name, and fubftitute therefor an inaccurate' description by reference to & diftance of %o miles on th& Ohio, is a fatal objection to aft entry — Accord. Ccmcbman *vs, Abatías, Barda *6i- — Rapan ví. Arnold, 113 « — Helm's burs •vs. Qraig9 il⅞⅜</p> <p>mfiequhsi to b$e the beft poffibk des Sn’oot' be deiufive — Vol. 1,631, rule 3.</p> <p>Qiiere, «4e. ikcrthediftance Aouid^be*^-fcftood by the TOeajuters, or t e nesreñ |>r*ct!cabl§ soute*</p> <p>After assa^ . Mining diftance san" then"»®1 «arch front 'éen'm'iea^r anobfeuretkk' « unreasonable t*IliSencc«</p> <p>Marks aud« trr?J- 10 ttá and ever-gmvn, before them in'5780^ cannot uphold the entry.</p> <p>Call for “ a creek,” is not responded by a Tick M the creek.</p> <p>An objectap. Peal<:d to as lo^describe* or charaiterized, ** to diftmguish. ⅛ ⅛ ⅛⅜ and known a* one inten* ⅛. 138, ⅜ ,</p>

<p>De&th of the °f the feftment not abate the «Sion^i norths s-Sr&nSe for the a&on may proceed for the</p> <p>the &mi(e «pires, the plaintiff writ°o£ ^habere facias fufujps. ■pem, and the», ■vwy,t/w.' ' .</p>

<p>20 years ad. veiíe poííeffioa (not accounted for by some one of the exceptions in the fta-tute of limitations) not only bars the remedy by eje&ment, but gives a po** fitive right of poffeffion to the defendant.</p> <p>A judgment in ejet\ment by same plaintiff against same defendant Bayed by injunctions does not prevent the ftatufe from runnings</p> <p>Nothing ought to be permitted to go in evidences but that which tends to elucidate somt point in the eaufe.</p> <p>Verdict and judgment in i'ormer eject-ments is not evidence in a st-tonde}0ment.</p> <p>The record of a suit in chancery pending between same parties for the wme land, also is improper evidence,</p> <p>Nor evidence to try fhe comparative equity of the claims, ought not to be received.</p>

<p>The certificad, of a pre-emption for marking and improving cannot aid the entry with tfi« surveyor — /⅛ hpetd ⅞⅝, Se«, <vere3 ante</p> <p>The notoriety of Licking and its principal prongs presumed — Vide Dé** <vi$ ‘vs. Bryant9 ante no.</p> <p>Example of am entry held invalid by reason ot the duplicity and uncertainty of its expres-fions.</p> <p>That the diíhnce called for between two objects on a fmali flream* was intended by the meanders, is not to be p re fumed.</p> <p>Example of e~ vidence adjudged insufficient to eftablish the notoriety of aa improvement. :</p> <p>That an ob« ject was known to the generality of thofe con-verfant in its immediate vicinity, is the lowest grade of notoriety which can uphold an entry.</p>

<p>The circuit court erred m niiffianers to carry into effect reme court fo/The district of Ken.</p> <p>¿reehemg1)-■ttal, the ten»Vald° was*5 not embaes* Ty Ae ftatutemade on the subject of iuits in the ía¡d fupjeme</p> <p>i. The record not Hav rngheeii removed» the only legal mode to enforce the decree was by original bill. .</p> <p>3, 1 he order was ex garte,</p> <p>4. i he morion was maae by Chapime as as~ Jignee, and there is nothing to íhew he had a~ ny intereft ⅛ the land.</p>

<p>A n award need nor be made out on The day of the arbitration, nor is it neceíft» ry that the arbitrators íhouid Érxiíh it on she day they com menee.</p> <p>It it bears date on che day it was agreed upon, although not Íígned until days afterwards, it is not void i but judgment on the award fhould not be rendered Until 1$ days after the publication.</p> <p>After the parties are heard, the arbitrators may take convenient time to make their award, and it is not neceiTary that the parties, íhould he pre-fentatthe making of it.</p> <p>Ir a party objects to an a ward becaufe he had diicovered, important evi dence after the trial berore. the arbitrators, and before the ⅜-ward made, Which the arbitrators reiufed to hear, it is not endugh that he (wears it was material, he fhould difclofe the evidence tii (covered.</p> <p>The court can not revife the judgment of the atbitratorsonthe ground that they have miftakea the law, unlefs the miftake car-ríes along with it evidence of corrupt'wn.Qx pdf tialky in the arbitrators, or of undue means hi obtaining the a* ward. .y:.</p> <p>The pnfuffif* ñon i$s cat. pies were delivered. to the par tits as required by ftatute, buE this prefump. Hon rruy be re-</p> <p>1m he copy ia delivered to a patty fifteen days before judgment is rendered, it is fuf-ficient,although rtot delivered “ immediately” UDon che making of the award</p> <p>It the award is returned to court without giving copies to rb parties it may be a good reafon for poning judgment until next-term, bur is not an objection to the award itfelfi.</p> <p>If a party is m court when a« ward is returned, and objects to the award it-fetf, but does not object that a copy had not been delivered fifeeen days previous to the term, the objection to the time of rendering judgment will be confider-ed as waived.</p>

<p>if parties fui. m,t two int'r-¡⅛⅛,⅛™ ⅛ turns oat ’after made; that one of ⅛« parties had no power over th* principal part ot tlie, mte,i{f* -mg claim lub-mined on bis Part» a “urt of w!n no£ enrerce the «. ward ½ hi* fa. vor.</p> <p>So> ajso>if parts ,⅛ 8 tart<ftheinter-&»0r of the. o-party,</p> <p>rIf the award of two is not good, a Party ®sree® award befare h* discovered the ivant of retire-Sffionthhe ihaii not fee bound by ⅜*</p>

<p>if party ob-je&s to entering judgment on an award upon fails dehors the award & wants time to make them good, he ihouid by affidavit ihew that the facts are probably true Ss that they could be proved reafonable time Was given.</p>

<p>Irregularity in feeling (iown eauíe for hearing muft be ob - jeéted in the court below, ctherwlfe it cannot be af-áigued for error.</p> <p>If complainant fails t.> enforce assiintcr riom out '* * de-ferí u, ■ or m take ¡.he bill pro conjessa as <o him, he cannot therefore reverie a decree imde when the eaufe was set flown for bearing by the othce defendant</p> <p>If complainant: moves tor * continuance be® came the ma-giihate has not returned depo-ftenms taken ora his part,& thofe witnesses had been formerly examined by him, his affidavit fhouid dis™ cíoíe what (if any,) wer® depofed to, not contained in th® former depoii*. tions ; an application for continuance th© court is to judge* tiie materiality of the wicnefs, and not the party— Vide vol. i, 628, title continuance.</p> <p>A complainant who fecks to difturb a pur-chafer of the legal title for va uab’e confi-d jai ion, ought * > íht w a deaf</p> <p>it a bond has been anered by compiainanc im a material part, ne can nave oof benefit from th.®-bond, but mufti refort to the original contract for which the bond was given.</p> <p>A fact found by a jury directed to be cm. pannellsd by the chancellor» is conclufive* if she finding is not fei afide.</p> <p>After caufe is set for bearing, whether the Court will permit an amendment is matter of found dhcre-</p> <p>The defendant having tendeied a deed before fuk for all'the land complain-aotisentkied to, the complainant decreed to pay eofts.</p>

<p>Under a fub-miffion actor-ding to the fta-tute the award muft fhewupon its face that the arbitrators were fwora.</p>

<p>If covenant real be broken in the lifetime of the obligee, the executor or ad-miniftrator may have an a&ion Of covenant} o-therwife the co. venant belongs to the heir.</p> <p>Upon covenant to convey land brought hy ext* cut&r, the declaration muft íhew a breach in the lifetime of rhe teftaior *-~Acc. Hatcher •vs, Galloway's pft</p>

<p>H bound him* felt to convey t© F 400 acres of land out or on© of two tracts, . H, has his elec ⅝ don out of - which tract he will?- convey.</p> <p>He who is t© do the firft act has the right of election,</p> <p>A bond to make “ a good and fulficienc deed’* to land, requires a geae«* ral war Accor4?3¾⅛⅛ vs, Mitchell, Pr Dec, 47, Bard Tri'rs,</p> <p>The &fen-dantsbeingwü-fcuf ° ¡nTftmg that it flvouid k jjiKij/ a they muft there fcre pay cofts,</p> <p>repugnant*5'»1» •written contract £“¾⅛8⅞1>!*-</p>

<p>The legal tí-tie to land can* not be convey® ed from one to another by warrant of attorney unlefs íucik, power of atrori ney be giren btf deed*</p>

<p>That defend dant did not know on what da^ of the court - his caufc would be tried# h n© caufe for new trial.</p> <p>‘r Upon new trial improperly awarded, the fecund verdict let afide, and judgment ordered ora the jtrji — Acc^ Worley v. Mur*» ley, voh I* *65,</p>

<p>Verdicts are to be favorably conftrued ; and if the point in illue is decided by verdict, it i& .,e duty of the court to mould it into form- — Accord, voi. I, War ford ‘vs.híei, 251 — Crazier 'us. Gd»</p> <p>Upon motion fot new trial becaufe of the abfence of the party and his ■wítneffes, it ie not enough for the party to account for their $bfenc£, and snake* affidavit that he has a fcibíUntkl de» fence, he muft fet forth the facts to be pro® ved by the wit* nelfes, that the court maj judge of their materiality — ® Accord* Reed vs M'dhrf Yoi. I, 14.a.</p> <p>Plaintiff cannot take judgment againft defendant and appearance bail after accepting appearance and ■plea without ln-iiftmgonbaii to* the action.</p>

<p>Upon covenant real, the heir, and na executor hu thenghtof action for fereach after the death°fthe ob.</p> <p>For breaches ⅛ the lifetime theíxecutor'or adm’r. have right of action,</p> <p>An obligation to convey land teal* covenaat</p>

<p>All perfons toL made pr-bes.</p> <p>The want of smayebe ^akeñ advantage of by demurrer, or brought. e"°r</p> <p>A complainant mak tiT ⅜"'/ der of the ⅛«/ title a party, ^0⅛ he'derives his equity,</p>

<p>If a fheriff gives bond and grcaur penalty than ¡s required by ftatutc, the</p> <p>tie on the pi. riff's m, tot a failure to return a tuft. mi ex¡*mai.</p> <p>^ln fuch action the property which alight to hofe<i toTie^U Ae mm? ⅛ which the life, riff i» liable m damages, an* the amount of the cassation » not the (foie) criterion.</p>

<p>Upon bill by éiftribuíees for an account of the eftate of the decedent, the executor oc adm’r. having fold a ¿lave when not ne-eeiftry for payment of debts, ¿hall account for cuftomary hire up to the time of render ing^decree, and for the value of the Have ac that time.</p> <p>What an executor or ad-miniflratorihall be allowed for maintenance & education of the diftrihutees during their minority, &c.</p> <p>Accounts ordered to be referred to com-mifiioners to ad juft and report.</p>

<p>' Tnecirtirf «h!l I k inta a for-Nvar record bed'v-rsn1 the par-•y-es on a fuk-ycr e'ontie^ed- •>;' ⅛ rlv^one ⅜⅜-⅜⅞^ éoníider-atfon* or ⅝⅝⅜ send a certiorari to have it certified from tile court beiovv ar ctTCumftanoea may rehire* '</p>

<p>^here the de-fence might have been made at law, equity will not relieve, untefs the failure to make de-fence there is iatis factor! ly ac„ counted for.</p> <p>That the plain tiff at law was a lory, and the compi’t, was afraid tu attend becaufe the trial was in a neighborhood of tories, is not a fufficient ex-«ufe.</p>

<p>An action st lfi%v will not U« on a ⅜/?</p>

<p>If olainiiffdie *fter execution &eriffrCfaut before it is levied or replevied the £⅛£1<>11</p>

<p>If a perfon íutté a -writ of reple-vin for proper* fy taken m execution t enters into bond and security to pro-fecute bis wHi, and has a delivery of the property to him thereby, and the writ of re-plevin is after-wards quaihed as having improvidently is-fued, the plaintiff In replevin and his security arc liable upon the bond.</p> <p>The recitalist the bond was evidence of the amount of the execution» pri-ma facie, and the 'value of the property takes from ?be officer by the replevin was the mea-fuie of damages in the adtion, not exceeding the amount of the execution</p>

<p>. Bit: ⅛ equity 1½5⅛ moTtcfVm ’at play delivered</p> <p>nleads She illegality1 of cMÍMeratkm at bw and /⅛¾ t qaity will not tftrv'that ©at-t«r.'</p>

<p>. . If property fee fold under an grr<smout judgment, the pur-chafer ¿hall hold the property rnnwith-ftandmg the ' Judgment be afterwards reversed.</p> <p>By the act of 179.2, lands were luhjecr to payment of debts previously cunnatted, and if jold for payment of fuch debt, before the amendatory act which reftricted r uoeiaiion of che ftatute to if'tr cuntréCls, theri’ is valid.</p> <p>os ubii-vhe law v ,; to en» ⅛-'e n9 gov-in. ht remedy. hu $ ⅛</p> <p>Vn tt proper-tv ihali be lia-■e -) execu-o « affects * umedyoniy.</p> <p>„ iee.-; made deputy jhe-z,' m ksd f«M fcy ¾⅛ ⅝⅝</p>

<p>A deed fraudulent as to a prior creditor is void as to Jub» sequent creditors.</p> <p>The affignees of the commis-fioners of bank - ruptcy, and not the individual creditors must fue for property fraudulently conveyed by the bankrupt 2nd withheld from the lift of his eftate given in.</p> <p>if the bankrupt by fraud & nusdemeaning himself forfeits She privileges of 2 bankrupt, the individual creditors may pur-fuehisafter acquired property,' or his per-fon, &c.</p>

<p>Uombsmt of the (fate "hfn caufc oi tu j,im the ⅛, muatitm does nDC ^ C0Bles ¡nM ⅛ fate.</p> <p>⅛ country where the re. meé'a “ugly, and not or the c„untty wtiera' the mntmet was roade» is the ru</p> <p>rhe ftatut® does not bar the W!t^" d ,</p>

<p>„ need not express that it is l“un.!J bi commonwealth.</p> <p>The proseco, tor muft be set at the root or an indictment A>r tiespats or misdemeanor, feerore it is pre iented to the grand jury.</p> <p>te set down after ' the m diftment is found will not</p>

<p>A deputy poft-mafter is liable to the paity grieved by neg* ligence in office»</p> <p>A depofitioa certified to be taken ageeeable to notice is presumed to have been taken between the hours specified in the notice.</p> <p>This court will not reverfe the decifion of the court below in refusing a new trial, unless it is plain that the evidence did nop'.:; warrant ||j|f yerdict — Acc. : M' Kinney ⅛¾⅝ M'Connd, vol. I s 239 — £⅞7⅛; •VS. SQ4'</p>

<p>In trespass *aí et arms, mat« ters of ju&ifi-cation must be pleaded.</p> <p>in trespass ©a the. cásente» sver bars the ictton ,ma3r be itence on the general issue,</p> <p>veitim'hewa' ur'"torn plain, tiff’s mili, ne-fendant .,may give cviclcpcc on the general issue that the dam was h-gii-by the ouier ot eourt grantmg leave to build to bulM it, whereby defendani’s improvements were ovciffow-ed, and that defendant dug the canal on his own land to iec oiT the iwrpius water backed by the exec.» m the heighm</p> <p>Damages are recoverable up to the impetra non of the writ, not to the filing of the de. daranon, md contmuanao the don, is ill. muí the filing of the</p>

<p>He wbo j»re« vents the performance &f s condition, cannot take an) advantage of its non performance.</p> <p>Where a debe is to arise upon a condition precedent, tbe plaintiff muff ihew performance ofthe condition, or a sufficient excuse far non performance.</p> <p>On obligation tí» pay B ¿.50 as couniel to appear for M* provided; fea íhouid be finally <Ü5CÜMg*$ from the profe-cutíon j averment that M, failed to appear m discharge of his recogni-sance is fuffici-entto maintain^ an action for the money.</p> <p>That M advi-fed M to forfeit hiarecogr)iz»nce is a good plea lo the declaration..</p>

<p>Upon a msfion gainst the flie-riff for amount r fee bills put into his hands, ‘ must appear that they were «f the description which he was bound by law to collect and account for.</p> <p>Upon a receipt given to R, M. cannot main-? tain a mation in his own name.</p> <p>from thelapfe pf seventeen years, payment of amount of the receipt may he presfumed.</p>

<p>attachment “ithout Hating ™e ^aofcT^d the motion ⅛ overruled, the J“d£ment »* be presumed con'ect> aj-defe|Ss attachment, "¾⅛ if they íad .⅛” as" tion ought ⅛ have prevailed,</p> <p>_„A/!er ,-⅛⅜" a fpeciai ¿de-rnurrer ought be</p> <p>Upon appearance and giving Bail on an attachment, the eauieis regularly to be ier.t to the rules, as in other cases.</p> <p>A judgment not bating the rate of interest is erroneous*</p>

<p>Detinue will not lie fot a wMl0UC any description 0fthe partitukr Wfe <kman-</p> <p>fe__ verfed ⅛⅛ fe.ve to amend lfc,larat,un~. }liy VSt Brown. ⅛ 171 — 1⅛/~ . ¾* ’ ' ’ '•'*</p>

<p>P. having «Z-. ecuticm on re~ plevin bond against G, it ⅛ agreed that G, ib «11 have ere» dit on the exe-cutio» for ¿. So fora negtO;hoy3 but if G. fhould pay up the a-xrsount of execution arid cofts ⅛» 3 momhs, P to .return the boy, unfefs he dies in the mean during :⅜- 3 month* ¿a be at the rh.que of G,</p> <p>This is a Jale defeafible only by a punctual performanne oí the condition and not a mere .ucurltj for mo*</p>

<p>Upon feverai 50unts> i{ <⅛ for the plain - on a «rate award a venire facim-</p> <p>money « are-^erfy lost at gamings the plaintiff mus, tkrationa cafe wiAm the fta-</p> <p>ifsue joined u to fe. vmi counts, if the jury find sf one count, »be verdict is</p> <p>»ot lie for fro-periy won at gaining ^contra» tute ¾ the pro-petty ittcif is to so íe^híMfe’u' not its value, as ’s» detinue.</p>

<p>„ by ,⅞ 0f Auguft, plea that. he *jad tea ⅛ by the jft day of Septem-completing V b plaintiff, ⅛</p> <p>joinei ⅜ ms term, pleas offered at a iuh-jfequent terra are within the discretion of the court to admit or reject, and the court above will presume that discretion was properly exerts fed.</p> <p>Evidence of witnesses who faw the house after the time prescribed for completing it, was admiiiible to prove that it was incomplete, aa weli as to fhew the defective and uo. ski iiul execu , tiun.</p> <p>in afHons of tort againft fev veral, plaintiff may uUrniis his action againft any one ai any time befute judgment.</p> <p>¿ut upon a joint coniract, if part only are ¿bed, the defendant may ab&te the action by flea, and if ail .are lued, judgment cannot be taken a. gain it one, until the abient defendant is profccuted to proclamation 5 or unlefs by the return of the proceís tne action is abated as So him*</p> <p>Where proce fa is served upon the parries to a joint contract, the plaintiff cannot ditoiifs as to one and take judgment againft the ci-thers, unless for matters operating in their perf’onai dis-</p> <p>J udgment In covenant a-gainft one defendant who pleaded, when both defendants had been ferved with process* reverted*</p>

<p>An article or agreement far conveyance of land by the one party, and for payment of a ilipuiated price therefor by the other, is not assignable by the ftacUte*</p>

<p>Tnc declara-tiofi avers a <⅜ . Imery, &c. plea chat the nowivv-f.- ¿⅜"1 replication* that the plaintiff tendered and the derendant nfu,. fed, che replication ⅛ a depar-tore from the declaration.</p> <p>A departure in pleading may be taken ad-general demur-i=r.</p>

<p>In Ejectment by tenants in common, feverai t!e?aH,S ™U</p> <p>joint tenants or parceners nny make a joint dsmhe.</p> <p>.4 her verdict without exception to the evidence the court will piefume the title of the lefsors was fuch as to fupport the demife charged in the declaration*</p> <p>The connected plat is not part of the record in ejectment, and fa much of the verdict as has reference to the connected plat is furpluiage, which does. not vitiate the ver® diet*</p> <p>The court correctly disregarded fo much o! the verdict as had alluiion to the connected plat.</p> <p>Irregularities in executing the writ of ha-bere facias foj-Jejsicnem will not be regarded in the appellate court until they have been adjudicated in the court below*</p>

<p>Cehr and hug prejumptive evidences of slavery as to then or proof ory a negro dom”1”8 ÍSeS</p> <p>The courts of the ftate are not hound to take solfee or the laws of fitter Hates ¡ they mutt be proved.</p> <p>©i the a_ sa may take notice of the laws of the mother country regulating the introduction of slaves into the colonies, before the revolution^ as they are now bound to notice the laws of the general go-</p> <p>A man of hr brought from Delaware preiumed a slave unlefs It is proved that the laws of that ftate fmce the .;, revolution,have • abolished slave-</p>

<p>Applicative* a° trial ⅛ an action 5C líW mult cuculíes not produced by nesiect, noc *oi1'of theap-plicunt, which prevented him /¿“⅛C^SI tried the c.uie.</p> <p>f 1 refulal °0 contkraeC<his caufe ⅛ n® 8round j0! *a *be chancellor's mi, that the plaintiff's action wis fupported by a Angle doubtful char, «Car.</p>

<p>Judgment and execution for cofts of continuances are irregular.</p> <p>> An ordert to be enforced by attachment, is the regular mode to compel the party obtaining the continuance t« pay the colts*</p>

<p>A loan of slavgs is wirh* ln he ftatute of frauds and perjuries, and mu ft b denced by nv'dl « deed recorded to be good & purchoters,</p> <p>If ¡he perfon lending siave, luffetE tnsm to jenu'm years with the ^fonj“*ho™ made, during which time the pofsefsor, con-the lender then retakes the slaws theier'liaM-Min iatisfy thole creditors, the loan not having keen declared ky any public act, whereby ' that the slaves were only loan,</p>

<p>Parol evidence inicted to et" plain or Con-tradicc a wri-</p> <p>fraud miftako in drawing the writing be al-leged,. the proof fhould be clear to authorise the c'.urt to relieve written contract-</p> <p>Vidt 481⅞⅛ Cowp. 47—1 Efp. 247— Pow. on power» mtro. p. 14— 1 Pr. Wins, 3—2 Vem. 98 —• Pow. Cont. I Brow. _ Ch. Rep. 93 4 _8 Coke. 155 —2 j7ltk 77^388 1 ■⅝¾⅛. 457— % V«i._375</p>

<p>A covenant to aifign bonds on a day cerf tain without: any place apJ pointed, is a tranfitory act tb be performed to the obligee *nd not at obligor's refidence.</p> <p>if the re-of1 the otmgor £,as tj,e place for performance, the obligor ough? to have.alfigned the notes, and the plea of ream dy was ¡II.</p> <p>Judgment and verdict upon plea of ready, in favor of defendant set afide and re pleader awarded,5* -</p>

THISwas anappealfrom a judgment quashing an execution. When the judgment was rendered, an entry was made for granting an appeal to the plaintiff, upon his giving bond and security, &c. in thirty days ; before the thirty days were out plaintiff took out execution. _ _ At the next term an entry was made amending that of the former term, so as to grant the appeal to the defen.-tlant, instead of the plaintiff, and the defendant (hating given previous notice) moved to quash the…

<p>Efitfy i€ an a branch of Licking called Mill ' creek ⅜ one and a quarter mile bel. w 4Í’-Fail'S) running down, both fíne* of the creek„<sft the edge of the bottom on the weft fide, and out the east fide for quantify'”</p> <p>Licking pre-fusned notoiU cus in June, Fall’s,” con-ftrued CO mean ⅛°⅛⅛⅞.« entry in the vi-“"‘‘y*</p> <p>e? Z & improving is bound by his i™rt and6 ceitificate calling to include ⅛⅞ the en ry with the _ furveyor for in. tTlk only! the certifi a'.e and entry can to°geth!i-!⅜⅛ acc4 Bowman</p> <p>preifions th¿ utmott length to'to°fave the entry, b to *kAthaC rnv> Win 'be le'st injurious to the co fliOing Cpredle v Van.</p> <p>rhe dijiance °(uaZ Zu be' low M’Fail’s, t"bf‘akeToú a° direct Im, iommnc¡n¿ where M'Fall'e lower line crosses i be creek, Ss terminating at the diitance on £he creek.</p> <p>'The iurvey directed.</p> <p>, -1⅛ cott,i « «hearing & affirmed former is nng the term a£ which the *®e™j!ice the decree,</p>

<p>In try “ acrofs on both fide; of Silver ‘ creek above and below Boone’s old trace,” to be Purveyed in a fquare bilected by the general co-u ie or that rare of Silver creek included in the iurvey, the cruising of Boone’s trace in rhe middle_ Speed wi. Avie -e ame — caid ms ‘Taylpr ante 123,</p> <p>_ 4°0 acres to join a furvey of 200 acres on rhe '.ower lide, and running down Silver creek on both fides, fut-vey thereof directed according to the principles of M'. Gee ms Thomp-Ion< Vol i, •—Smith ms. Harrow, 103—■ Meshy ms oar-md, 87.8— Craig ms. Ma. car, tj ~Da- - ™ tn- Lock, bean's heirs, ‘aid. 368 — Moore ms. Har-Ti’> [Jr Dec,a6 - hrrl u o ms. Grimes, Hugh. 18.</p> <p>it complainant ought to. have rtc*veted Jome land not oecreed him, although not a ¿(•eater quan{i-ty than was de-tred him, yet he hath cauje for reveiñng tue decree.</p> <p>kerne objects ©f general aei-cuption not identified, deemed iurpiuf age, other ob jeers of general, and 'fj-erial del criptum alluded to in the entry being proved. Entry “toj.-m an improvement (wh¡ch coniifted of a cab;n and 16 acres of c'eareü ianci) including a taring.”</p> <p>The tubin not to he dim áard ed, it ts a iría-tenai part of &n improvement, How to be iurveyed —» Bruce vs. Ej - nil ID* Dec. 1%^ — Vvic Braajfj-d vs. H4'Crackings heirs, Pr Dec. ^%-^Morgun ⅞/.„ R,Oinjonf Pr. Dec, 2.69 ■~~M.oore vs. Harris, Pr.</p> <p>A call, to in - elude a Jprmg1 which was not exhibited, d emed imma-ferial by rea Jem of the o: her locative cki<Ti p * rions in theca fry.</p> <p>44 To join K. *a the S. 1'. comer ssd to run eaftwardly** h<»w to be fur-Veved' -</p> <p>“To join another entry at the S. E* corner and to run E. for quantity™, how to be furveyed.</p> <p>300 acres to join entry ot 360 acres <( on the S. and E» fides, and to run S. and E« for quantity,’* how to be,::£y&? YCyed.</p> <p>The general rale is, that when a xawrd ebjtB is found, ic ought Co b® prejumedtohz.'t& «rxiíled before the date of che entry calling for it, but to chis rule iprtngs in tlus country are excepción?..</p> <p>The parries having exhibited two ipnngs, nebicer oí them notorious, and ahoir 200 poles from t/ie cornerf neither can be taken as alluded to in K’s entry.</p> <p>The enrry having alluded to r-fuch terns as that the pofition oí k muft in lome degree affett the locality of the en~ tri ,and the on-lv springs ex- ■ hibited not rel pending to the-calls of the entry, it muft be void for want oí precifion</p> <p>i he former decree fupport-ing Kennedy’s entry (which taiicd for th® fpnng) is re* veried, &c*</p>

<p>The line actually nicked for che iurvey ?s to govern the hound ary s alright line from corner to corner</p> <p>Where a line has been marked only part of the way, the boundary for the reliable of i he «bOhmce ñio n?: a di. reef line from the termination of the marked line to the corner called-for*</p>

<p>⅛⅛⅛ irom °te4tator! launothefetcft a ¿í-Jfcand accruing to executor after cbe ueaia or the teftator.</p> <p>V* here the executor has disbursed the whole of the aiTcts, equity will not make the executor anfweraMe upon a verbal a~ grees ertt to let off the demand accruing to him as executor a-gainü: a debt due from the teftator.</p>

<p>ín aflumpüc rhe damage® laid in the declaration give jurifdi&ioou</p>

<p>A judgment for affets then in hand; or whe» they (Kail come, is no confeifion of afiets-</p> <p>Huiband yefts propertym truf-tees for ufe of wife, who lives apart from him, this property is not liable to after contra&ed debts of the hufbind»</p> <p>Where fhe-t\fí empannels a jury to inquire whether property belongs to the debtor a* gainft whom'he has an execution, the inqueft found that the property is fub-jett to theexe-cution, excufes the iherift from trefpafs for feiz ing the property</p> <p>Where adm’x claimed the property fei sed as belonging to her in her own right, and the inqueft of the iheriiT found againft her right, whereupon (he replevied the debt, to prevent the property from being fold r—‘this does not preclude her from aiTerting her right to the property feized, nor preclude her from (hewing ¿he had no af-feft»</p> <p>Replevying a debt does not bar a previous equity.</p> <p>Equity will interfere to prevent a fate of llaves upon fund-y executions, to fatisfy which the Haves werg not liable*</p>

<p>A ptea often-der fLould ihew that \ he, tttnder was made at the ufwrinoit con-ven ent 'hour oi</p> <p>Covenant to deliver whiskey obligor’s dii-fillery, upon a. g¿ven day i-iplea iS- that he was ready on th« day,but neither plaínufí nurany one on his he - hall attended with the vc fib is to receive it,” an <11 plea for want oía it ate-meat of the time of the day that the obligor ausndeck</p>

<p>. The flat ote vefeing the cí-tate oí Banieit in commiilioa-ers5 gave no authority to them to iubmk to an arbitrament.</p> <p>The . power being committed to feverai j'tntly, the a£t of one purporting to be for ftinife-U and the others is not <?- i'iigaior.y.</p>

<p>If through fraud or palpable and grofs miftake more or kis land ihould be conveyed than was contemplated between the parries, equity will relieve the injured pa riy.</p> <p>Where the contra# was for a sale by the acre, much lefs variation in the quantity convey ed would be re-cetved as evidence of mi flake amounting to caufe for the m-terpofition of a court of equity* than where the contrail was for a fale in grefs,</p> <p>Jn fales by the acre every variation in the quantify deeded from the quantity contradled for will nor war rant the interference of a court of equity. The cafe mu ft be adjudged ac-coiding to the.. cSrcumhances, of time and ujual alfcrwances. then mace between purchafers and idlers-</p> <p>The deed is tak<'n as prima Jnae evidence of the terms of fale, imlefs by miftalteor fraud words are introduced contrary to the intent of the parties.</p> <p>The words are evidences that the partieg were to risk a gain or lofs ita the eftimated quantity*</p> <p>But the ex~ sefs or dene it may be io great as to autburife an inference of iraud or mil' take.</p> <p>The difference between 425 and 481 does not warrant Tuch an</p>

<p>At v law, theTTr wlio had aliened the land des-"⅛"*brought! discharge by thing by deal fent at the fu-ins t^e writ.</p> <p>lefs^courfrf equityhddhim ⅛⅛°”'',!>1<: the Z7 áeZ cended-</p> <p>:The ⅛* fible for the ’a.nd aliened by divest the" pÜÍ r!sdiíl‘°" of * T* °f cha(' fobjec”™ ⅛</p> <p>So ftatutei "¾ ail<ws meats. upon^á bond to be set ⅛" the ⅛⅛⅛⅜ of a court of</p> <p>latiré oi neftndantsi* had his election to make all or them parties,°it is no objection toa decree that nM brought to hearing against all.</p> <p>⅛jfofe⅛ defendants is so intimately ton-ekhetdoul/cK ject- Tf the o. thers had not ⅛ ⅞ ⅛ -aufe must be fought to heanng agamtt</p> <p>In a fayment of “ bond all the ob ligors must be parties, »he-several j°but °a mere fecurity, not bound ⅛ e tribute,⅛ n™d not be made a</p> <p>gains" the ‘ heir to have compensation in the^obiigatlon of the anceftor the executor or adminiftrator must be made a party, as the petfonal estate i ‘°</p> <p>lúftMtor dies iile b>11-ami no adminis-tr*tion áí b<.ns ^ geftion of the lact>,he «#<»•> proc.«¡ a„a,„¿ ths heir, and n,-=J not m;ike ins securities-of the ¡,⅜⅛⅞⅛ tor parties to</p> <p>Upon cove** nanc of wawanty the value of ^ at ⅛ wlrranty made is the meall,re . oi ¡„ case of e_ viction, andth# ««n-compensation04* tv mewafed value b7 dl3CQ' f^ry &c.</p> <p>fin “«nmts malote’h !⅛ ⅛</p> <p>, c°nirata*_ where tb8 vendor without is lncjPa-a title, the pur-chafer is enti-t!e,J!° !“ve pnrchaic money refunded with interest,</p> <p>ty wh^Tthe purchafcr is e-vicKd* £he Ti* he of the land at the time of sale, to be as-certamed by the párchate money if tx-frened m the deed or together interest and cofts, legal and -, , , deed or known, with extraordinary} expended defence of the title, is the mages, but if the purchafe money- be not exprefsed in the deed, other mean» may be used to ascer-</p>

<p>On contract for delivery of property where no place is expressed, the u-foal refidence of the obligor is the place for performance*</p> <p>Where no place is named* and the property is to be de* livered on request, a jpectaí request at the obligor’s resL dence must ⅛⅞ averred^</p>

<p>Plea of fetoff, that the flam-tiff was indebted to the de - fendsint in a tura certain, for monies laid out and expended by defendant to plaintiff's 1% ' ■</p>

<p>-'ii' Replication ef ¡imitations to a plea of setoff, the amount fta-ted in the pica, bat Ae iefen- '</p> <p>¶⅛ uefen. «⅛ iuppjrted lm n«nr the ,ft mt’mn Use vejrs, and a tl0,⅛ that ⅛ go in but the wituei’ sccóónt nor the items acknow. ⅝⅛ plea by proof of an ac-Úil.nvledg-could iioc recollect rhe amount of the acknowledgment takes out of the flatute of limitations so much as defendant can ⅜» the plain-aff 0WCj-not exetedin? the interest,</p>

<p>Where gene- . s»i charade? is In ifsue, particular facts may be given in e-•■iridence* but not where it comes its colla» terally.</p> <p>The pies of probable cause So m action for s malicious profecutioBj is jr.'operly con. ímeá Eo the circumftancss coaae&ed with the particular fact for which the prosecution complained of was iaftiruud.</p> <p>The plea of probable caufe does, not put the geaeial character its ktue,. and iherafore evidence of other facts mi connected with the jm&ec&iioB compifcleef of Is ¿msuSDíJÍi&le» T he genetal «Iia?8Cíer or tne fhj.ati.6r may fee gives ⅛ c-vid«ne« on the plea oí probable «usfs,</p>

<p>Upon s mention for a new trial on account of the-djpove. ry of evidence unknown on the former trial, the evidence difcoVered m»& be riifclosed-⅛ Vide Picket <vs¿ 'Picket, ante 178 —FPrigghs-’wortb vs. Mor«* tan, 159 — * Reid w( Miller, voL ty p. 1⅜⅞ — ■« Heath vs% Cm-* 'wa$t‘ 4Go„</p>

<p>/ rorigage of a chattel is valid* although at the time the m'rt^agjr was not in posses-fiun, the perfon In porscfiicn holding under the mortgagor, and having only a special pro. perty.</p>

<p>A judgment, ca. fa. and fiie-riff’s return thaf he had taken the rtrux-sLn m.u that he Was relei tea by the v..u¿i,t ycourt is nut tuffiaent to entitle ak fjgnee to recover of the af*</p> <p>He fltoulii have taken a Ji. /«•</p>

<p>Th$ moft u-fual mode of compelling dif-tribudon is by bill in chance - ry, yet an action at law will lie on the executor’s or ad-mmiftrator’s bond i but the diftributees can not join in the a&ion on the bond,each rauft bring his fepa-míe aüion*</p>

<p>©n a. covenant that an apprentice '&⅜>1 fei¥e 4'- jears? not depart vitbowt leave, t&e si after may jbave covenant Ibe/ore the end cf die ttfra for the departure, but not tor ltd3 ©f iervke ior the remainder &t the it mi-.</p> <p>Alter demur- and opinion Ijvies, the coart. arcay give kave to withdraw de-WiUit vs. Dale? vol ⅞, 244.</p> <p>Upun with drawing, étrnut, re?3 is a tíifpo-fitioD to ves by ef&ring repeatedly frivolous replications is mankefted, the coast &oald re-fufe leave for farther amendment oí the pleadings ; but lion to amend — * Viae vol»2} Rq-cbejitr *vs. Vun9 412 — 'Jones Grugeit, 449, ilngle mijiakt > not gtoond íe'ond appik»- '</p> <p>Fita 1 hat apprentice departed with content of the iwaftcr is a gskxi plea t® an a&ion of co-jenlñt ypoñthe covenant to ie!ve-</p> <p>Sui-plafage m not vitiate,</p> <p>Duplicity m ⅛ £⅛ fame ¡*a two ur y10”1 fab-ftam,ve mattcrs voidance 5 but ¡<iie 0! impertí, nencn»tter,not not make *ple*</p> <p>J" e0e""ft* be pcimiued to ⅛ due ad verity’s plea obffaionabte.</p> <p>, líu¿ wlief i*e has obtained the opinion of the court in another m<!de’ anii op¡n¡0B> the court <™y re-íu’e to recelve</p> <p>where iffue to the country is joined «pon a piai e. to ano-¾ ⅞ ,e:*ms to rge the jury to inquire oi damages only,</p>

<p>A teftator dL sects char a female Slav* fhail be free at a cer, tain period, her children bom befare that period and af ter the death of the teftater ire slaves.</p>

<p>Anmlaná bill is fuiScient to uphold an as-lumpfit against the drawer,wirh. ©ut fetting forth the confider.ation for which it was given.</p> <p>An order for P*™*? tion and thereby appearing to Ml3 change, but not pleaded as fuch, “ a '“f ^*”*1*1 and^the omis-fen to plead it as a bill of exchange is cured by verdict *</p> <p>A protest of an inland bill Is only necessary to en'itle. the plaintiff to ¿amazes according to the it a - tute.</p> <p>Omiffion to a^XeVrT'bUi is bat -want of form* \ and notice of the dishonor of the bill being alleged, the particular form required of notice by protest will be presumed after verdict.</p>

<p>The wMow «meted to one third of the tuves for life of which the husband died ; osscísed ¡, and one third o? the personal cítate steer payment üí debts.</p> <p>The teftator having - given the power to ;tU lands for the education _nd Cupport of toe administra - tor ¿í boms non had no claim upon the repre-teotaiives of the admmiftra-irix *.th gn. will annexed 2s>r rents oí the Uicis5 norh^sü int ttpreienta-iucs o/ the ad-Turuftrarrix vlu the will ed any . a. for im-</p> <p>yi-rc of the ¿.o. ic.í u i eeing ⅝.,ikied to the itvocutorSy the * ,mi..,nr<strix *yuh fhe will i-.j-iexdl had a to retain ííí disourfe-;.^nts lor that and y opedy allow-w ?-bMro; As .noudiiator <*6 n::-' .</p>

<p>.After injuw-¿UmM (⅛ want of «⅛⅛ 'cation) at the niies and confirmed in court, ñnifier practice of the defendant ⅛ chancery in obtaining the <⅛. «dffion, cannot he urged upon * motion to Suash the execution which Jffued after the confirmation of the order di», miffing the bill.</p> <p>Obtaining an »rder for cotn-miiiioners, by the occupying Claimant, at a term fubfequent to judgment in «jectment and after a ⅝⅜ 0y pofieffion re. guiarly issued and executed, «annot furnish pufc for quash, mg the writ of pefie then.</p> <p>Where a changeofvenue was had in a chancery cauie enjoining proceedings on judgment in e-je&nent,& bill dhmifsed by •he court to which ⅛ was fent 5 upon certified copy 0f iuchdismiflion, the clerk of the court in which judg-sncnt in ejecc-was rendered, properly ifsued a writ af goffeffioB,</p>

<p>The sc£ '⅛-* Virginia againft’ importation of slaves, did not require _ the of perfona claiming slaves m ai-other flare ct marriage or descent,</p>

<p>if Prefer makes an ar-"nSemen.t debtor^'^Tb-out the content o^he^ecuncy, ard. tissue of tha lec,ur,ry ,s ®a- and i'nCteafe<!, or by which í*10 íecuiU7 ,s go^nindemnlty given him by principal, fed.</p> <p>⅜ A secunty m adjJdgcd T® °be riischatged, by agreement tor and debior, by which the lebtor agreed ¡to difmifs his fN"0!? and the creditor to give day for ¡pymeav</p>

<p>Confeilions of a party the moft unfatisfa&ory kind of evidence.</p> <p>Parol evident#' admiffible to prove a frauds rnutake in redi-cing a eontrft to writing; in such cases the fraud or dais-cake mut he alleged.</p> <p>Parol pidence not pimiffible to va>? or con-cradle the terms of /a written contact.</p>

<p>PUinúff de_ cUics on nor-im to pay in day¡Taiterates and that del fendanu accep-Proof that they tefufed t« ae-“PtJn writing i« com¡,eiied w pay money if hsd not tiim^fcouhat they WOnU pay as.thei «"¾/⅛⅛ the paper, ⅛ variance between acceptance alleged and that prov“-</p> <p>Me ieverai causes Io lnftruct the ⅛'?, nof-nonftit, and ^Tfo foftruct ¡jn¿ «cór<¡toj|ü ly, if either of founded, the judgment must be affirmed,</p>

<p>The general ruU is that k-cTaTmingPCrdif^ unit ¡ntereíls cannot join m a U</p> <p>To this exceptions areal lowed^inflavor gatees and devil fees.</p> <p>cl af r"of Pd>[ \nainurefh in the (ame furvey cannot join in a vendor.</p> <p>All pesien. wlwfe n>u’i ted ought to be parties.</p> <p>iniuitv/ai fignee or a bond for convc,ai..c of land, the a-fignor ftoum o= “</p> <p>a bill is difcriffed Or want 0LfJ0pieJ parties it Ihuald be whim: ⅛⅛.</p> <p>_ *' j'if’ 1 ‘ *31,⅛ ‘t> ,i y ■ 11 1 l'rnj'l , ¿J., „ , , i3 r!,vi ■' ° d ett"d o u K.cva aut.</p>

<p>"the official certificate of a perfcn aftmg as peaV°in0 this commonwealth ss, fc®cle"t» evidence he is»juftice.</p> <p>If a party is prefenc at the taking of a de-poikion,hisob-jedion to the notice for ta-kin| the. dt?po-frion is thereby rendered inam^ tea ¡ah</p>

<p>E fold to W by the and conveyed by-certain metes and bounds, W fold to P the trait mgrojs, E brought his bill agaínft W and P for the fur-plus land j P infifts he is ⅛ purchaser of the iraEi by boun~ "<iarys for a ti-luable confide - íatíons without notice of E’s claim now fet up — plea allow</p>

<p>Thefé word» s( he had Iwom co a lie/5 without a colloquium* concerning a judicial proceeding., &ve not of themieives actionable.</p> <p>An innuendo cannot enlarge or alter the fig® niñearían of the wordss</p>

<p>gi«nb” fewTa! forafum to he paidjn the toi-tioos^oneTal'f by B, one fixih by C,one fixth ⅜⅛!* &,a¡óns muft be brought againft each, & Sonagaiñft aU</p>

<p>T3ro1 '«dene* is not admifliblc ss nut aumniiDic to contradict the common tech, nical meamn6 wr¡tte„ con<. tract,</p> <p>Ambiguity of 8 'comract muft he helped «míiruc-fon, but not by averment,</p> <p>But fraud or ,, are 0f relief!</p> <p>If by mtjiakc a *’ntins ⅛. cuted material, ly variant trota ⅞ m'.3, proved — ⅞⅛ 1 Garten & #*, vu c,pan¿ltrs the underftan-ding of the partiesj equity will relieve</p> <p>If a party Ob. j«ttothe wri. *he fipuiattonU oí mitted, and the to* recti whereupon the writing ⅛ exe. win** decree”^ fpecific^Lr! formsnce of the promife.</p> <p>If an agreement U p;uOH-fen to b.: reduced to wrs'.ing, and the one party prevent it by fraud, equity will relieve*</p> <p>A writing for fpecial warranty is objected to, whereupon it is ftated that a fpecial warranty binds the warrantor to refund the confi-deratlon with interest ⅜ and upon that uu-detftanding the contract is signed, equity will decree • as upon a contract to refund with in-terese.</p>

<p>If a party go to snai and is the weight 0/ his evidence, or neglects to move orneglectscoex. cept toan improper opinion I»w, a court of chancery will not relieve hitm - — Vide Gales Shipp t ante 241*</p> <p>On dififolving injunction damages are to be given for the amount of principal and interest accrued at the time of grantingthe injunction.</p> <p>Cofts of ap-. peal divided upon revería! in part, and af-firmance in parts</p>

<p>A plea to deny the affignment of the obligation'fued upon by theaffignee, is admiibble*</p>

<p>Profert of a fpectalty is not neceifary where it has been plea ded and ’•ernains in another court or in the tame court in another' action,such former profert being averred.</p> <p>In an a&ion againft two or more executors if the writ h feived on one and the others returned not found, the plain tiff may take judgment a* gamit all.</p>

<p>The recor,< of a former ju4'mra|:» °«’ jfjjjde ‘¿ythe plaintiff, is not Part £ the r„e' bybiiiofexcep-Tjff or otlur" pleadings judgment it ⅛ ⅛⅛⅞,(⅛ ⅞.hole proceed-in$ in th« <⅛,</p> <p>In debt on a judgment bearing intereft* if the plaintiff de-snaads only prin eipal and inter-eft accrued at the commencement of the actions he cannot have judgment for accruing in-tereft.</p> <p>A plaintiffin debt may have judgment for his demand, altho’ he ihews that he is entitled to mors.</p>

<p>The manner ®f certifying the records of the territories is not withia the provifions of the conftitution and laws of the U4 States.</p> <p>The record of the territory, certified by the titrk under the feal of the court" together with, the certificates of the governor under the great feal, that he is the clerk, is a fufficientexem-? plification to give it credence</p> <p>Upon nil citbtt and ml tul record f Laded, it is error to give judgment for p'aintiff upon plea oí nil debit •without trying the caufe upon the other plea*</p>

<p>df&t t ' '¿l an vcoutv- b tween two per-icos, let down in writing at-iben rcqi'cf , upon tlifir a>.-inowledg.ntci that rb. l- ^ were ju'K un idsnufi?, ir ^ v deuce, al h the vnt„, ( s not ffi from hi* i e 2»ory the particular items he was áhe¿\eá to fet down.</p> <p>Nor is it ne-cellar)' to produce the vouch. ess referred to m the account.</p>

<p>in ccvsnantj to deíivíf on a dav certain two negroes to be likely and between certain ages, the value ©f fetch negroes when they Aouid have been iel v^red, and t of the confederation paid by the ob-ligee, •• is the meaiure cf da-«ruges.</p>

<p>ih^ío/h-ací MiCual pro-mii«s to marry are good coofi-deiations to iupport an action by the one eaca of the promise.</p> <p>If no time nor fdace of marriage is (rated in the ptomife, ⅞⅞':- "£*' ,0 reti . tiiat ^ ¾⅛⅛⅛ wa8v »s'lilygandreí-no£ <uf*</p> <p>Tbs court may !uitet ⅛« tro-to be changed, aml ‘be thireby rt,!e3J Mm responii-bl% deceits, may be a wit-neí¡forithe ⅛⅝ ⅛¾,</p> <p>Qn an action hi breach of marriage con-trace fay the te-malí> '⅛ caf<- . not recover da-•ge» forje-ductiom</p>

<p>A«omptom;¡" of » ⅛⅛ is ¡ ⅜00(| coDfiiirra-fiün to íuppoi; a contract.</p> <p>„ ,,An °⅜⅛¾ nor be per-Untied rr> avai] lumfeif ¾;" ¾ uncertainty ⅛ iJtf boundaries of the ianu ;!e Contraas t„ Convey, ⅛ 3S t0 avoid a ipecific performance, but the court decree a cnnveyance according to the best lights ■>⅜⅛ fhe cir~ cum/iances ape fcrd.</p> <p>_ A defendant disclaiming any ínteres!: as heir and no interest appearing to be verted in him, he ought ⅞ have his coih as having been improperly made a party.</p>

<p>A name of a ftream known only to one com pany of explorers is not a fufficient description of it to uphold an entry</p> <p>Where there are two defendants, and the entry of the complainant is put in iffue by one defendant and the bill is taken pro con-ftfjj as to the other, and the entry appears invalid, no decree ought to be given agamft the defendant agsinft wham the bill is taken for confef-ied, but the bill (hould be dif-miiied as to botli.</p>

<p>Whtre m exp'reffion in a tau traB has a i«&-fucul and a /ratu^ar “““⅛» fc fti!l ⅛ tlkOT latter and a/w *. ⅛⅞ fcnfe-</p> <p>¡ of i2,d to the car. ¿¡nalpoinnflxúl magnetic men-dim,</p> <p>amUffitmeí ⅛ pert, each party 5115 ow* *</p>

<p>Enfry oí 950 acres on the waters of Licking>on Stoner’s fork, at the mouth of the third branch a-hove Stor.'er’s, m the eaft fide of the creek, beginning at the ormih of the ran, ’ and running up the creek, thence back, including both fidesof the run, including a fraall improvement and sugar free marked D, LX</p> <p>Springs that rífe in the cliffs and banks of the creek, are not cbnfidetíd as alluded to by the exprefiion ⅜< branch,” Run & branch equaljy applicable to water-courfes of the fmalier fize.</p> <p>• The expression “ Stoner’s,” means Stoner’s branch- — i£ on the eaft; fide ef the creek,” means of Stoners firi.</p> <p>The improvement being on the bank of Sto-ner’s fork, and Silly a mile or two above Stoker’s branch, no great length of time would have been required to find it, efpecially as the entry re. íuired a™tr‘er to traverse the cree¡¡. t0 ascer_ tain the third branch, ^ the w¿g near mouth of the</p> <p>the creek meant with the mean-</p> <p>ftrtata 0f COniiderab!e magnitude, wa. • Me cpimtry. pr0yed by the name of Stoner?and noÉ have been known by any cume thatP ⅛« name was co-hrsc exploring thereof, and that it was generally known» tnole acquaint* ted in part oftbe country,</p> <p>Stone,’s ”»• the head of ihe branch being Pro«3» neru ^branch,” ⅛ prefumed.</p> <p>'1,ieíur'rey» square a$ may be, and how ti be tSKasai'</p>

<p>A call for the head of a creels having feveral branches, Sc ms one haying tfe reputation of the head branch is a vague def* criptfon.</p> <p>To include the upper im-prov ement on the erode, when there were fe-veral improvements and no one had acquir-eü notortecy as the improvement of the pre empfkmer, cannot cure the uncertainty in the call for the head of the creek-</p> <p>The certificate of a pre - emptioner (for marking & improving) being uncertain as to its locality, fo-ies its dignity as a pre-emption.</p> <p>Entry i( to adjoin F on the »pper fide, and Jot lode the upper tmprcve-the im pr v ements intended explained by the relative pofitíuns of the improvements and the claim of F.</p> <p>The furvey to adjoin ‘ , Mid Include an eo- ¿I quantity tí hue. on each fide of a line at v f * angles to Fk Gpper an«i pafting niifi’ 5v Oetween two iir.pto\ea ments, to be eluded, ané as near a fquare as the foikiou of the improve® meats will admit.</p> <p>Entry on the dividing ridg* between Stoner and Hmgfton* beginning at a fyeamoremark* ed £ $, in the head of a branch, near a Clay lick « — thence extending westward to the middle of the ridge, thence fouthward, then eaftward, then northward and westward to the beginning.</p> <p>The lick be, mg much re for. ted by game, general! v known as a Clay lick, paths leading to if, the ridge narrow,the lick near the top of the ridge Sc no other lick on the ridge de*» ferv'mg the ap- - peilation of a Clay hek, aná - this being at the headoí a branch, and the tree marked E S near it, is a fyf® ficient deferip*. tion of the be* ginning intended*</p> <p>The furvey directed.</p> <p>How to fur. vey an calling t entr* i atv join on Ae N, Wtte caJinat joints.</p> <p>How to (½. ¡⅛⅛™"*a", bove Survey on the rerun</p> <p>^ veyadaimadú joining the a. bove on the W,</p>

<p>Eatry ef <m, Si Wet creek, heioW ths mouth of ths Long branch, including a fiaC of caney land £5 a walnut tree marked J. K. on the eaft fid& of the creek, & á large fpring on the bank of the creek,”</p> <p>The reafonable expe&a* tion of other locators would be that the firft caney fiat be, low the Long branch was the one intended.</p> <p>The fiat being about one mile below, a large fpring being found there about 30 poles from the creek and running into it, the walnut tree within 20 yards of the fpring, and no other fiat and large fpring being in the vicinity, the entry is fufficientíy* fpeciai $c * pre, cife.</p> <p>The fumy dtre&ed.</p>

<p>Entry 4< lying on' the Kearu.:«&»i;5 ky tÍYe¿: oppo-u fitc to jLees*»' burg, beginning at a beech tree and running up the river and back for ^uaa« tity*’*</p> <p>The call for s beech tree (without mark to dis~ tinguiih it from the; various o« ther beeches which were to be there found) !s immaterial.</p> <p>Thar call dis regarded, entry declared facial, and the iaryey directed. ”^e</p>

<p>If an infant ot othersf'the'en-try may be furY,e?e!f dy the ft». tute to infants</p> <p>⅛ teftat„r ⅛ executors, in and’15 ⅛⅞&⅜ doe» not ⅛⅝⅜ lhe lnto,ts s?| ⅛ o«og in the ⅛" tíon oíúmoím <urveying en-</p> <p>, .⅞ perlón fe* fident in die county where the rat,r WM the act °f 3?⅞⅞, an< tiie acts requiring . agents to oe ap pomited 5o at tend the sui</p> <p>■ IjVrA tU Un /< -, - C.4M) te>« >ld - V- r 'f arh.iujb l ru o tlr «9 Vt) wuc . t jLouv. n to rr.j • - ’ ny.</p> <p>adoM 'furvey be'mg. ascer-tainéd, and an feme umber of acres calling “ to include thatfurvey & a fmkng spring, che call for the fpriog may be an immaterial call, not vicia-</p> <p>Where there t/ in as* main->ng the unes of bie to w- per-mrvey, that tnoce ihouid be Zák.tn ftn h is n,,‘, * mavora-fon claiming under it-</p> <p>Two persons claiming under ¿xft'n ct entries prayed an fip peal, «ily one complied with tf,e °irder, executing bond, the appeal ⅛ effectual only a5 ts hiro'</p>

<p>M t0 ticmfor making «ails, W. ftipu. iated to procure fcAihictT hé obtained scow, diogiy.</p> <p>_ _ forroed'thwóné P. had obtained a previous pa-vemitm a°upoñ the same prin-cipie lefufed to complete the perchare.</p> <p>W. described to M. and others P’s patent and inilfted 5t was mt the same principle, M. and another to whom W. described P’s patent and his own, tho’c the principles she fame.</p> <p>Afterwards W ami M modify the contradi by new articles.</p> <p>M cannot have relief upon the ground that P had obtained a previous patent;</p> <p>W having cor-redily delcribed the patent of Ps the iecond con-tradi being bottomed upon a corred} detail of jails, but a difference of ofi-m ni$n upen tbs fails, amounts to a compromife unmixed with fraud on the part of W»</p> <p>The value of the patent not being a fubjedfc or preciie caU dilation, the contract m ufe be confidered as a chancing bargain, in which the price given* compared with the Ímall value of the thing told* furmfhes no grouRd for reicinuing a core tract free from fraud*</p>

<p>fetjnue 1>ff claims under a putchafe of F. Evidence^hat up'claim to i*5 or 16 of F’s ⅛»3’ «edit and dr. cumaance»,wa» proper to be left to the jury to the v the cl fraaJtilcn*' aa a-giúuft F & ere-dkorso</p> <p>IVol evidence to prove the cov-nts of a deed to iV*e par. tv's poüeífíon* without notice, to produce it ts ;nad>miIiMes hue evidence that the plaintiff' let up claim to all F’s flaves under a deed he profejfed to have was admiíísMc,,</p>

<p>if » writ in debt is fucd out bondlnddecU-ration is for s6i/, & there-isPobtairiedrriac-cording to the declaration and anee’'between the writ & de-ciaratbnb cu. ⅜⅛⅛⅛</p> <p>And an ney to fuing out raining' ¶«⅛" ment would not be liable to his mifeondua</p> <p>After judgment is obtained, the attorney bo authority to revive or re-wie the judg-snent without another warrant of attorney.</p> <p>wWcTisnL'ab ced cannot authorife a judgment — Ac. Mornptt vs. Hart, anti 6 & y. *</p> <p>that ¡m attorney undertook to proftcute/aiii-juliy £ áutgiht. iy to judgment in the Mercer circuit court,& foTo^o^/smt fopported by proof that the attorney obtained the judgment and after-wards upon mo. tlon at another term had is quaífcéfi.</p>

<p>1/ one joint tenant.or ten« mon, bring m action alone foe * ehattie, ⅛ of by Plea ⅛ abate-</p> <p>he rtuiirecoY* ft* Hr iv'-T-biM r ⅛⅞ wnch’.</p>

<p>indek, length of time ¡s pre-pT/I ment ⅛ fee left t0 jury-</p> <p>pel ⅛⅛<⅛«⅝, fomption.</p>

<p>Variance between original "theougU nal being a-gainft federal and returned not found, the alias agamft ⅞ part only, doe* not vitiate the whole writ, it operates as a discontinuance againit thofe not named in the alius. :</p> <p>If the declaration ftates a contract as made on an im-putó) ble date, as in 189a, after judgment the court will intend the true ...date was ihewn on the trial.</p> <p>in declaring againft heirs and ■dé'üisees/it it is not dated who are heirs 8s who are devhtes, the court will intend they are all heirs and de*> visees.</p> <p>That the declaration is against one not named in the a has and on whom procefs is not ferved, is but matter of abatement.</p> <p>Where the procels is ferved only on fume oí the defendants named in the writ, and judg» ment is takers againft “ the defendants,'* without naming them, and without any ap* pearance of the fcrved3™ whh procefs, the judgment will miy U"dagainft thole who had been served.</p> <p>To take judgment against seme of the coheirs and devi-' sees only, the others nut having been ferved Vitb process nor otberwife proceeded a - gainft after the original returned not found, is erroneous.</p> <p>Judgment a-gaiost executory fairs and dt4>i-sees, under our ftatute, need not recite that execution is to be levied first of the afifcts, next on the eiiate defended, and laftly of the eftate devifcd, but the íheriff is to take notice of the law at his peril.</p> <p>Judgment on default of heirs and devifeea may be taken against them in their oíos right, but if it is taken against the eiiate defended or devifed, they cannot as* $ga it for error.</p>

<p>A writ of error cor am veáis fruit be brought in the name of all the patties to the judgment.</p> <p>If any one or more refufe to appeal or align errors, there must bea fum-mons and íe-xerance.</p>

<p>. A fotpotn* "mjhai,cerJ'nee¿ by the íheríff, but mi>y be &⅛ femce proved “> court-</p> <p>tf)CA not jurifdiabn toadmmirteran of^/ub* poena ⅛ chan. CC,Y-</p> <p>CUted u^on'bM pr» arfejjo on ,ervice /worn beícr® * reveried & reí-tiiucion awarded.</p>

<p>An action wiJI lie againft ihe~ riff and his is-curities jointly, on his bond of office, before a feparate fait >> brought againfc the dieriff.</p> <p>That officers fees called fee-Hills, to the amount of 17/ were delivered to the iheriff to collect, & that he failed to account for them, h a fufficienfr breach without? fpecifying the. particular kia4 of feebills.</p>

<p>■ On bond executed by O for himfeif and M, executors of N, the plairififFde-clared m the debet and deti~ net, for that the defendants, ex« ecurors of N9 by cheir writing obi igatorv, &c. and had judgment.</p> <p>The defendant M cannot aihgii for error that D had no authoh rv to ex - ecirie the bond for M, that was a matter of fadfe on which ¡flue iheuid have been tendered in the court below.</p> <p>Naming them executo-s is but deicripUon of the periods,and f.hey íhail answer the debt with their own</p> <p>The plea of pknp.admxn.ijlra - •vtrunt was in-admissive--judg-rcnf de bo. ms propnh af. firmed,, -</p>

<p>a fuperctrga promifingtofell produce at retain freight & pay over balance ⅛ ftoring it with a commit-lion merchant to fell, unleft he was unable to effeft a Tale himfelf»</p> <p>If the com-million merchant fells and becomes bankrupt, the fuper. cargo is refpon-the commifitoa merchants (>bie. unlefs¡he thews an ettost to tell before be ftored it with</p>

<p>Iffterlfftail» under execution according to ⅛⅛⅜⅛⅛¶⅞ to damages, but not .af-ofthípurcha-fer, unlefc through fraud omktedao ad! vertife, aud tha purchaser had knowledge oí' the fraud.</p> <p>In general che álierifí ought to ieil property je-parately and not in gross, vyhere it is divifible or in parcels ; to this rule however, the íale of a negro woman and her Child is a proper exception.</p>

<p>Ptat of tender without refusal «>• Inrr l-kor , plaintiff"8 wm abfent is ill.</p> <p>, plca of tender ⅛ ftouki iSicv it was made ar t’"2 the day,</p> <p>in «.'venanr, ‘the proP“£y:at a time ⅛⅛⅛1' by the covenant, y'hoot ik®- *”* attUi-</p> <p>After plea» !,l5sded and ¿¿Vier ⅛ pleas tendered on ,h" next day aetion'^f'the court to be re - ce,TC<! errejec. the court ⅛ receive ,wa! not cxercifeofdi*-erstion.</p>

<p>A contrail between huiband and wife before marriage, tha£ the wife fhall hold the proper, ty Ihe poiTefied before marriage as herown,fub-t jeit to her dif-pciition by declaration or writing in nature of a will or tefta-meiit norwith-Handing cover-ture, is valid in equity without the intervention, of truftees.</p> <p>This contract was not annulled by the fub-lequent marriage.</p> <p>The hu&and by his iaft will and teifament; devifed his property in general terms, without mentioning par* ticuUrly the property alluded to in the mar, riage articles, the wife furvi« ved and publish, ed her laid will and teftament deviling her property to her children , the children of the kulband by 3 fótmer mcrk^s biuaaht t.\ n bi’’ afc\in<t th u •iit'-, b*< 'b ■* prupi fhe in s: a-' - CkS Ú.H dut* accoruint1 to the «ViM Oí tot v, ire</p> <p>?¿1 fn-e i’u.i a we»f> r *o -j>1 ikt ■¥.•;]'. and in cp-p ii w\ *\> at tnc urn. n í!“ .</p> <p>But ⅞$ toe vfsii of the hu f-band is in kch general tcims that the feparate property of the wife might or might not pafs, according to the ■validity or inva. liáíty of the ar-licks of^ mani-ehate under the articles ⅞all not be intended as deviled by the huíband , her children may hold their lega, cíes under both vfÜis,</p>

<p>Although a iiííift upon the vendee’s accep. ting a patter-contract, °*yet the vendee may mfift upon a fpecííic execution in part and damages ior the reftdue, where the vendor 5s unable to per* iorm in toco.</p> <p>And che chan-⅜ cellar wij] di> rect an HThe of quantum damrü* ftcatiiis</p>

<p>The grant of the commonwealth gives a right of entry, but not mtual tiism</p> <p>A grantee of the common•wealth may maintain an e-je&ment before upon the land.</p> <p>To bar an e-jectment there must be an adverse poffeflion in fact for twenty years.</p>

<p>177 f»ere equity can neither maintain nor éar an eject* snent.</p> <p>A purehafer means one who has acquired ghe title, not one who holds only a bond for ¾ gonveyance.</p> <p>a fraudulent deed ⅛ good a. al! críj¡,’rs cbeftn.</p> <p>'loyonteftthe fed#ia muft have 0b. “⅛*⅝⅛™**</p> <p>><> invalidate a P"or deed to a-bTpurchafeTfor a valuable cen-^ration W</p> <p>bond with the bal tom -tf “ rff.ncé 1 proof of its ex. «unanpoftew ¡„*£ ejtamenT having a deed* grantor prior to th,c.d,eed und« which theleffor of the plaintiff claims from the iame Srarit?r-</p> <p>bond andTpof! tenor deed with °“‘ P™°< of * ⅛⅛ not warrant the “t“rt “‘«vail, Xr/deedTobl with m-pre‘</p> <p>tained with no-tke of a previ-eus contract is pi /üthe'jao animo is matter of fait to be iettto the jury plained by evidence of a prior contraa for the ’</p>

<p>A deed, although not recorded in time, is valid agatnft all perfWns ex cept creditors & bona jidt pur-chafers fora va. luabley confide, istion.</p> <p>The firft deed, altho’ not recorded in time, has preference to a fuhfeijuent deed jirji record-edy but not with in the time limited by the ftatute.</p> <p>The record of a deed in one county tor lands in another is not notice to fubfe-quent purcha-iers.</p> <p>Nor can fuch deed tberet&cvt* ded in iimet overreach a psior deed not recorded in time.</p> <p>A power of attorney to convey land muft be recorded in that oiiicewhere the deed is re - <|uired to be re* corded.</p> <p>Qtherwife the deed made by attorney is not efie&ual as a recorded deed.</p>

<p>An aftion «molkimis-tJ¡neíj ¡¡nana, hed promife, without a eon-A count by affignee againft affignor of a bond mu ft aver a anjidt,aticn. The affignor isrefppnfibieoy law to return! the confideration received from affignee, if fans faction of the obligor af--Jr ⅛⅛*1' verdia & judgment for ^kaof3"»’limit to the obligee, in a fuit by au ScteYTt dence upon a for money cdj ⅛ fo¡t affignee againft JÍ56 Smnd 0</p> <p>A jury may *nftr one ⅜. ⅛ inferred muft b.e ®ne whii& the'/ ira 5 greater num ber oí cafes attends the fa& from which-it ia inferred»</p> <p>The cauri will judicially take notice of the general courfe of tranf-adbions and or- , dealingi'among men,</p> <p>From the fa£t 'ijfignment Úxq. jury are not au-thorlfed to infer that a consideration in money was paid for the aifigment rather than la</p> <p>tfon ⅛ property paitthe ^isn~ for the affign-merit, will not fuPP°rt » eene-ral indebitatus affumpfit byaiij fignee ag*jnfta&</p> <p> </p>

<p>When a coa-tínuáBce is asked, on account or fhe want of rhe evidence of a wicneis reading out or the commonwealth* the apphe-mt /houid uifdo»e the facts expected to be proved,.</p> <p>He who holes the atTnmafive of the iffue has the richt to open and conclude the. . arguments but not where that is pleaded affirmatively which amounts only to the genes al blue of non detimt</p> <p>A.-.-diiiribu-tee..-, is. .-not z -• competent wit-neis ror th : ad» atur*</p> <p>if an admin- - iftrsUks holds m& detains a slave as a part of the eftate of decedant, it is not neceifary to file her in her fiduciary, char-</p> <p>If the ver-diet finch the iubftance of the iflfue, it is the duty of the court to mould it into form— Acc. voi. I, Warfcrd njs. libel, 251 — Crazier ⅞/j* Ga~ ⅞57*</p>

<p>™fe JTaH ; If he charge the upon two con-(¡derations, he muil prove per-£“™‘ince</p> <p>jp ⅛ appear in evidence that the cpaMeracion alleged and alfo tween the de-dai-ation and</p> <p>defendant was the caufe why plaintiff could not perform his part of the a-greemenf, it is ¿ fuffkient ex-cufie for non performance— Acc. Marshal vs. Crmg% voi. íj 379 S9°%</p>

<p>On an inquL* skion of forcible entry and detainer»</p>

<p>Forcible entry aná detain-</p>

<p>A complain-uTa^court^of chancery tor a fpecific con-Und”or if the vendor cannot convey, then and ⅞: ciHc execution cannot be ds-wfndie««°the damages.</p> <p>to inch 'cafe it is proper (Where the vendor is dead) to make the tor'partíes”™*</p> <p>in fnitagainft heir, if he does action a»dSihew the certainty of assets to 4tm if he denies as-fets, and it is Km"* «Ifhe pk4s other matter which implies th af- he hack assets, the judgment is rendered agalnft him as upoia his own contract.</p> <p>In debt agalsfl. executor if he pleads no assets and it is found againil him, the judgment is neverthelefs againft the goods of the taftator.</p> <p>In decreeing againftheir and executor, the amount fltould be directed to be made firft out of the per-fonal assets, if so much, if not the balance to be • of the as* fets descended to the heir.</p> <p>Where ths? •vendor A parts with the title, whereby he is infcapable to perform, it is a fraud upon the vendee for which the ven® dor ihall an* iwer ia dama* ges for the in* creafed value of the land up to the time of making the af* fesmenu '•</p>

<p>D. fells to M, a tract of land, and M, therefor executes bond to 0. who had fold another tract to D.</p> <p>M. if defrauded by D.cannot be relieved from paying his bond to C. who parted with his land and was ml party or pri« vy to the fraud committed by P Fule Mor~ rijon 'vs. Clay9 ante 376</p> <p>Vv here there are leve tal parties the court may decree as to one, and re-» tain the caufe as to others»</p> <p>Where an injunction was ordered upon % condition, which was not complied with, the injunction was not effectual to delay the parry9 and it was erroneous to decree damages as upon a Qiiiolution or an. injunction.»</p>

<p>A bill in chancery rmy be brought to have'a dijcmery touching a per• §*W contract $ and thereupon the court may decree relief upon the dilco-very made, or bill pro tonfefse.</p> <p>Upon a bill touching a mere tranfitory matter, where there is but a Jingle party, the court ot oñe ciicuit cannot issue a fubpoena in chancery to another circuit again ft the defendant.</p> <p>rl hat Ú tract was f*is»«r in one circuit can nor. give that cpuffc ju-rifdicrion to if-fue a fubpoena agalntt the defendant m another circuit.</p>

<p>A. covenant! ¡Ktfto íue is,on the ^príce'of°a tot of ground until the tale •which A* ⅛ fame covenant *oligorvelmie!f B, ⅛⅛ co»'e-aant camot be *uiont a 'in the°bond with averment that been'con've ed' nor" X«e!u« plea of the co-want ana a-⅛»0⅛⅛'1,> failure of con. ?^eraa^un {,0„<¡ under thi ftatuce.</p> <p>B’s. remedy 1* covenant, :</p>

<p>The promife of floubtfui claims a good con to a ton!t “¡( invtftigate' &e relatl,e merita or demerits of th^two claims for the pnrpofe ■ ot fl!Ct,nS *&1« ^¡f,, cumpro”</p> <p>If the parties «ndeitand the farts, ■*« — — of i.w ⅛*-⅛ faufe Taylor vs, Pa* U!,k> TOl- »»</p> <p>plated i, t.!i. tained through fraud or grofs and palpable millake, equity will relieve, aA^nvey-anee of i grm-'yorlefsquan-tity of lana than wa9 contera»</p> <p>A furplus of 22 acres in 400, is no evidence of fM0<i t or "miftake" and no ground <or. reIlet m tits Í70,</p>

<p>C. purchaíed of L. a trace of land and agreed to pay the ¿late price, A. to convey the tide when C. paid the date .price, and procured the granes, L. transfers the contract to G. who paid the díate prÜ£e and obtained the grants ; upon a bill brought by C,-to obtain the title, he muil pay the ftate price to G. and fhail not have time to pay by the ¡nftalmcnts given by the ftjrc, but the vendor couid aot as plaintiff «r complainant have compelled the payment of of the -money advanced iooner than by the in-fla 1 me nts due the flute.</p>

<p>A band taken for a bun ^iven - for the fate arid purenaie or an otfice concerning the admi-rúiitaÁon oí' justice is void j but fuch conli- . deration mu-iit appear fromthei face of the bond, or be pleaded, ipect. ally.</p> <p>A record of a judgment a« ; gainst the foe. riff, is not cvi« bence againit the deputy or" any other fact than that a judgment was rendered, but not that fuch judgment was incurred by the default of the deputy.</p> <p>It is contrary to the principles of natural juftice> that a man’s rights fhould be concluded by a decision before he was cited to appear in his</p>

<p>A court of equity will not set slide an award for misjudgment of the arbitrators, grofsiy aqdpai” pabiy wrong as eside'nce'ofchr0 rJpti'ouCe0r par-* tlaiity.</p> <p>t]^hear?lf“faJ of to6 reddce^he evidence vTde'ni tiahty* °</p>

<p>That the arbitrators admitted improper evidence is no grouno for fet-ting afide the award..</p> <p>That a perfon promi ied to re-fiore che property to the debtor in cafe he purchafed under the execution, whereby the debtor was slackened in his exertions to raife the money to dif-charge orothert were induced not to bid for the property, will fupport an action if the promile be broken.</p> <p>A mere pro-mife to fet afide an award without coniideration and without any lofs to the other party in eonlequence of the promife is no ground for resorting to ,a court of equi»</p>

<p>A party holding thé negative ©f the iffuef after introducing repellara tefti-mony cannot compel his ad-•verfary to join In a demurer Co evidence.</p>

<p>If the obligee is the caufe why the coven ant cannot be performed the covenant is dif-charged — Act. Mar (hall vs. Craig, vol* I, 389.'</p> <p>But where J, covenants to convey land to T. }. fuppof-ing bimfelf heir, but it turns ouc that T. ¡8 heir and thereby J. is enable to convey, T. ihafl have his action of covenant 1 broken.</p> <p>In fuch cafe the confirieration paid by T • to J. with in» tere ft is the ineafureof da-</p> <p>: obligation boney,with ndftion that jr may be d»f-charged by a conveyance of a tract of land, is a covenant to convey.</p>

<p>A pcrfon who Is bound as ft. curity for a title fold by the heir is incom-perenf. , aa a' witneís againft the dévifef</p>

<p>A b.|U wi)11⅛ by cither party to an action at law, to have a due verv ofr matter m» i ui to rh« d * n jr detent, af Lvr</p> <p>The zeni^c/ of íuen hui witho't aoi.ur mude i> no c * sfe for a . o .'i >u anee j bu> >rv party ieekm^ the difeovery utieht to obtain an injunction co ftay proceedings ac law until the difeovery is made.</p> <p>The con ef. fion of aihgnor made aster as fignmtni is not evidence againit aflignee.</p> <p>The anfwer ©í a defendant 3s not evidence agamfl his co - defendant-. Hughes and Balm linger 'us. Wor ½, Vúl, i_5 200,</p> <p>Where the iheriff neglect* ed to take a vJsaU bond, and proceeding is had agamí* de Tetida-jt and AíTiff, the fce*iA may defend - it deten • dant makes default and ilvar-3if pleads, the «verdict against ihei-iff ainne is correct t but the j figment ill rulo be a-gauht defen * ihnt and sheriff and not againit íheriff alune.</p> <p>Where a fum is payable on demand, ¡nter-eft does not run until demand made : in iuch cafe mtereft before fuie brought, can* not be given without the intervention of a jury to afeer-tain the demand previous to the date of the wú^</p> <p>Upon plea of ftatute of gaming to a fuit by affigneejthe defendant cannot require proof of the execution of the note or of the affign.» menta</p>

<p>Debt will not lie upon a writing acknowledging to have borrowed 2 •watch of the value of twenty dollars.</p> <p>The action rnuft found in damages for not returning the watch.Acc. ▼oh 1⅜ Bruner rus. Kelso > 4S7, Irvin vs, fV'mn 360, Walfcn, •us. liBJVairy. 356-</p>

<p>a trade, profef-6on ««cupa-fhemfdves^c-tionabie muft charSe an ®ff[lb-e*b the perfonto corporeal at Woras fpo-</p> <p>To charge * fen,jle aCtLn-»⅛.</p>

<p>. ⅛ *jdiít furchafer1 to annui he con-BurcLftr muft ⅛* a party.</p> <p>Mifreprefen-which no íümi a^e enfues is not «ufe fot aTeement</p> <p>»n order drawn by J, in favor of B. induces B. to iurrendct that order and take another security for the amount, C. cannot enjoin B. for f*ud in the contract between himfelf and ].~/¾ acc, vol, i* Cepeland nn, . Curry I77, Lee vs, Vjtugb-an »35⅜ Clay vs, Smith §22, fitorrifon , vs* Clay, ante 377* M'Coun vSjs, Dela 440. ny% ante</p>

<p>Entry «a the raft _«¡<¡e and *⅜““1|⅞ ^ tm m</p> <p>Cartwright's to the Indian Licks, on the waters of Cartwright’s and Hardin’s creeks, inclti-ding an improvement on the waters 0/ Hardin's cteek marked D«</p> <p>The improvement being immediately on the road on the waters of Hardin’s creek* & within lefs than half a mile of the dividing ridge between the two creeks, the head waters of which approximate each other, and no other improvement being fhewn, the improvement might have been found by reafonabie inquiry, and when found was identified by the letter D, — • notoriety of the improvement therefore not requifite*</p> <p>The entry declared valid & the furvey thereof directed in a square, at right angles to the general courfe of the road,the middle of the base to be midway between the improvement and the halfway point between the headwaters of the two creeks nearest the road,</p>

<p>Entry on Boone’s trace, about 4 miles from the little fort, to include a tree marked D. B.</p> <p>The tree cannot be dispen-fed with and the entry declared invalid becaufe that claimed as the tree alluded to vra-i not viiible from the trace, and there was no proof that it was marked before the date of the location* To be” implied in ap sns try.</p>

<p>Entry for sf 20,000 a* eres, on M’-Conne/s fork of Licking, beginning at a large black ¿¡sis & small buckeye marked 1. T. on the Üde of a Buffalo road leading from the lower Blue licks a north east courfe, Sc about ¿evea miles north east by east from faid Blue licks/’ &c.</p> <p>The notoriety of the Blue licks judicially noticed by the court as connected with the hiftory of country — Acc* Hart nji. Bodley Hard. 98*</p> <p>But one road being delineated on the plat, and the exiftence of Gathers not proved in this caufe, the court will not pre« fume the existence of others, nor take notice of them from proof in cau-fes between o« tner parties.</p> <p>The marked trees being by the fide of the road 139 poles beyond the distance called foe on a direct line* N 54 E. and nine miles alogg the road, were within reasons" Me search.</p> <p>The mtftake in calling for a hjack a(B in itead of a Hue *Jb does not vi - tiate the entry, She description 6eing othérwife fufficient to Hew chefe as the trees alluded to.</p> <p>Entry ** on the head of Summers’s or Summerville’s yon, a branch of the eaft fork of ticking” invalid, the run being generally «ailed Simrs'U's</p>

<p>An elder pa-tentee cannot refort to a coutfc of equity a-gainft a junior patentee in pofaefsiocu</p> <p>Where the grants bear the fame date, the grantee out of pofsef-flon may re fort to a court of equity upon his prior entry.</p> <p>Rules of law ought to be founded upon what is probable and practi-¿ahk, not on what is barely poflible.</p> <p>A demurrer to a bill may he overruled in part, and fuftaised in part.</p>

<p>A couftty court certificate, for a pre-emp-tive right is conclufive a-gainft all per-fons not having a previous ves*» ten right</p> <p>A furvey not conformable to entry is not an appropriation —» {M'Get "vse ‘Ibompsoit) volt* hp *34>) and the owner of fuch a furvey cannot impeach, a certificate fubfequently granted by the county court for the fame land</p> <p>How an entry fhall be fur-veyed which, calls to include a fpring and improvement— Vide acc. Smith •vs Harrow a &c voL lp p* ÍQ2L</p>

<p>toco' acres to join the county fit* ft Ate" the zmla Beech “ fork fro* thi »>rth i ruamn* with the county line fouth 400 pole» "usmtk'*”*</p> <p>line ha»ing ^TkeTtktea try ftaii be adJoined to the</p> <p>«¿⅝ * begm-nir.g on the ⅝⅛foatbcotí ne,, extending with the coon-WuT ⅛«"⅛ quantity; the iurMy to extend equai ¿is-lances along Ac emmj tine and #Wte’s Ike,</p> <p>Entrr JSaiuw* from the head of Pkafaot ran, into the Beech iork> ⅛<=⅛&⅜ cieJf^níSe water» of Rol-⅛⅞ fork, be. ¿⅝ creek and to e*tcnd ⅜ both</p> <p>Pkafant run generan? known</p> <p>cretk and Lkk "“k mtan# otheTcreekan! fwer» the def. “'ftion of the « the first crui," and bo creek and that known by. ^ namc ®</p> <p>Which of ms forks, of í.¡ck '⅛⅛⅛¾ **- by the C0“J ««¿"nearer to one than the ⅛⅝⅞ ⅛ extend sp M sida-* th# survey ⅜01" the upper torfc -would ia^-e *ery little land on both sid«s ot the creek</p> <p>The tavey directed, in one ot more surveys ⅛ the lower line tf.cttd fc? ⅛⅞ creek at the ⅛>⅛> the wr«y rectangular, lines up the creek fetretUi to the geneia 1 course of creek from fork to head ; length ot linea fuch as barely to take in the waters of the the the the the Rolling fork.</p> <p>A doubt aríf-ing about which of two branches will lead to the bead of the creek, that ihail be taken vyhiph operates moll favorably to the adverfary claim»</p> <p>If this farvey $»aH not include the creek in all its windings yet this manner of fur* veyirrg is to be jiurfued, as be-ingmoft rational and ieaft in - furious to the adverfary.</p>

<p>The boundaries actually made for a fur-vey whilft ex» tant or capable of proof, rruft govern, t although variant from the coar-fes and distances esprefs-ed in the grant» ’• — Bailey vs. Matada le, hr. Dec» X07-Udomson m. Ccgbm, 383— Helm *vs. finally Hard. Lyon ⅞¾, JRc/s, . voL I> 467-Ccwan vs. Fauntlercjy ante z(ii9</p> <p>When thefe are extinct or can no longer be proved, then courses and dif-tances are to be ssiorted to.</p> <p>A miftake in the diftance of ⅜>!'⅞ line deiion,. {hated by the marks found the land, ssifcct the opposite correí fZnvkig Kne</p> <p>smilake in one eourje is no prelumptfoa oi a miftake in ;»ny other iowje.</p> <p>When a party Is plaintiff or complainant claimmg under « iyi’iey where she a-urje or the chftanct muii yield, without tfata to determine whether the miftáfcé ⅛ [t)e oM was committed in the one oc the other, that of ck>-Idopt-ed which ope-un* |veorabl)' pJ¡ claiiaing under</p> <p>t¡ ⅛ plaintiff ought not. t0 prevail ^ofseiT doubtful claim Jpmft a cleM "⅛⅛⅜ ¿/_ lend ant in a CRUrt of law or</p> <p><jf-a grant depart, ei from ,ani “athe^iftánce called for.</p>

<p>If ⅛ party crofs-examine* witnefs he can» mt object m the notice for taking che de-poíidon.</p> <p>If a creek of considerable length, and fuch as may be prefumed to have attracted the notice or exploren) ne ver had but the name employed in the location, that name will he prejumed coe- : mal with the ■entry | and therefore a good description of the creeks</p> <p>Entry *( on the head of the firit branch of Muddy creek ir-om the mouth as you go up, on the right band fi.de, to include a dry spring, and íoms ¡¿¡dings cut down.’' What were called guts and branches, by the iirft adventurers admitted In proof.</p> <p>The sptmg was oblcure and imperfectly defcribed, only a few bushes aBout two inches thick, were cut and bent over the fpring. Having no notoriety, this description is not sufficient ro lead to, and Identify it j proof oi tnun. rheif, will ’.,»t do- — the ' . ry declared invalid and but oif~ milsed.</p> <p>Alter a caufe had been long depending and a deposition taken early in the caufe j affidavit by . ..defendant that he had diicoveved-that cera plain-aht’s witnefs was injamous and dehiiuteof moral character, and that the report of survey was imperfect, &c. was no caufe for opening a caufe for depo-fitioas and a~ mending the furvey after argument.</p> <p>All coils QC« cafioned by the opening of the caufe, that being excepted to by complainant, were improperly incurred, and therefore ordered / to⅞ be paid by the defendant j coils before that time, ordered to be paid by com* piainanc.</p> <p>Decree as- to. principal matter affirmed and reverfed as-to. part of the cofts. Yet the £°⅛5 °d pákTby appei. lee, '</p>

<p>A mere naked pofseilkm for 20 years, will bar an ejectment.</p> <p>But this pof-íeíñon muñ be adverse and hoftile.</p> <p>Where the occupant claims under, or through the perfon ' having title, the pof- . feifxon is not i’uch adverse pofseilion as will giveade.^</p> <p>material whether the claim of the occupant under or through the rightful owner, was acquired before or after the en, try into the ' land»</p> <p>To bar a plaintiff in e~ jectmeiu who feas title, by the pofseffion of the defendant, ftrict proof is required, not' only that pos. seilion was taken under a claim hoftile to . the real owners but that inch hwftility has exifted on the part of the fue» eeediog tenants»</p> <p>Where per-fon s claim by the fame title, there shall be no adverse pof-seffion againib the right owner fo as to toll his entry.</p> <p>Where two have entered, he shall be considered having; pofseifion who has the better title.</p> <p>A pofseiHon originally adverse, may be converted into a friendly pos-seilion by an agreement to hold under the perfon having tight,</p>

<p>vicinity, cannot be attached to a location in the namí of B* made by M. without expU-., c:: and unequivocal proof of general know, lei'ge and reputation that the An entry de-fm « the land enter-⅝⅜⅛ «¿entry "⅛ his own name in the enu> was made ⅜ M</p>

<p>tn-is Á call to adjoin a pre-emption for actual . fettlement, before i'. vt-a: tered with surveyor,</p> <p>To join t4B’s pre-emption, claimed by Davis, ailignee,” is good defcription, although no aflignment tu D. was to be found.d-hf .' - record* •; ⅛'</p> <p>Actual fet-tlement preftt-med notorious 11⅜⅜ contrary is proved* Notoriety to those acquainted in that quarter of the country fuífi cien!:.</p> <p>Location in certificate for actual fet. tlement, “ to include improvement ,” the corn field, and cleared land, to regulate the figure of the furvey 5 a few marked t rees near the field not to be regarded.</p> <p>Survey In a fqu*.re to cardinal points, - ani jT fide,” — hov. fonr«yed-</p> <p>certificate” tm pre-emption cannot fli £he furveyor'-N'i" cord. M'Gbee. , ’’ p’</p> <p>Entry, tying th' -®- -,⅛ stoner’T'ferkf including ⅛, Pr°v«nent.</p> <p>dertof“¡ branch of Sto-ner> _ «⅝** ” sh” furvey’ feet. ; ei‘</p> <p>Cíikxíng-beard Kenny.</p>

<p>The sheriffs 0fa yjJe‘nu„{ land under an ineguUr exe-aTitíe.’ con m</p> <p>If a Granger .purchase which ⅛ after-wards reverted, ^11 íé^eftif red only to the money for which it was ° ’</p> <p>But if the plaintiff pur. f^dant^ihafl háv/reftituñon of tbs thing</p>

<p>Har- Attar pe«ance enrer-jection, the ir-«satancy at pe^nce^csri,. not be affigcsd</p> <p>0?⅛ .«,<« matter of evi-wanT*of" 11 riot erior.</p> <p>An dder grant accompanied by pot-feiTion is a fuf-fit lent equity on behair of a kfs the defendant shews 3</p> <p>ant shews no equitable title withindth<-yelS <⅛ grant iet up by com-piamant, ^a de. fendant release all claim to the lands withm grant is fuffici-ent, without giving the bounds of the defendant's Jaimtobe re-</p> <p>a bill to quiet the ti-£*f ’ a** ,.releaf! the time or rendering the decreet ,f ^ is fendant had acJ quired a title between filing the time of the decree, he *boullJ ^fPPh amend^hit *b-swer sad bring the title thus acquired before the court.</p>

<p>c. enters ⅛" ,⅜,! whole length thereof, «“ theG” creek, to 1⅛ between that ⅛/⅛ that runs into the Ken-e*“ wardly fo as to have the: divi-f'"⅛⅞' /leo/ th/rúr-</p> <p>a^er/fi-cate for a fet-tlement and pre-empilon — and the preemption warrant had been affigned away and entered in the name o t M< before C’s entry — C. On 11 adjoin the line of the fettle-merit of B. not the Une of M. affignee of B.</p> <p>B’s claim of 400 acres to be furveyed In a jfquare to the cardinal points including his improvement at the interfeftion of thediagon-</p> <p>^ . B. on theiV. and W. the •whole length of diagonal of B's 400 acre fur-tT^b t0 /'o’1 iioo^'acraE— lines parallel to the general ridge u/be ex! tended from each end ofthis Bne at right an* gles to these parallelprojeft-give the^quan-uíy.</p>

<p>intryof tooo scrc5> i0 b's‘r at the comer of I. S’s entry of *51 ««esat the= Glenn's creek, running down the river one ducsd to a ftraight line, begiontog™'up Glenn’s creek for quantity</p> <p>The furyey mouth of Glenn’s creek, thence down mile when re. dneed to^ a from the^bJ ginning to run up the creek an(f”1nduding it, from the lower extremi-*7 extend a line parallel to the general course within the fur-vey, this •ended° (o '⅛ that a Hue at rjgif aagin to will give the ves. , quantity and ebse the fur-</p> <p>Entry at a large t-andy three OT four miles above the SN'⅝⅛ of Kentucky, running up the r,'Tct 1uaa_ ”</p> <p>Ca,¡ fcr Lashwginstead of £««««>«, not íot e m~</p> <p>The evi^en«^leavin| ⅛ ⅛, there were two jouds con-nec}ei by « dram, or oam iy ««/pond,and the distance of Poni fr0Ir> gether with the length of the pond, rendering it doubtful what iocaj¡6y the entry «hould 14 *“• ⅜</p>

<p>, On covenant to pay 1S5 dol. hrs by a day gerta'Wy Crndi Cloned to be void upon con» veyance of a tract of land by a prior day, and if not conveyed, then that 45 dollars of the above fura to become due on the day of failure.</p> <p>The money & not the value of the land, is the ineafure of damages for failure to convey.</p>

<p>if the action aoe* not accrue of^hícredkor or claimant, the ftatute of limi-beghT to^rSt until admin», nation granted, begLí^tun5 it continues to rua», notwith-f claimant,</p>

<p>Where pleas"' whUh were objected to b;r piamufí, Sat'thecftónce was only cog-nijablemeqm. court To deci ded; upon bUl filed, the plain-be Tiiowed to object that she matters m Ae ¡ i me t have been pies, ⅛</p> <p>pro-ptrty bond not th'n affignabis endorfee accep-mmey ⅛ ?af-; terwa’rds pro-fecuted a (⅛⅛ °f tho payment’ of tfee money ⅛ an,«« £Tdéfence *’</p> <p>Perpetual ⅛-junction againit with cofts si law &⅛<⅜»⅝ cery'</p>

<p>A (halff is not concluded pievin bond ta. ken by him, he ^paity'To^the motion,</p> <p>After giving cannot move ⅜ Suash ⅜ de-had^take^'ia execution, land *nfteid o( Perthe defendant had “he-</p>

<p>G. (ells a land warrant to A. and receives in payment the band of S. and J, payable t® Mmfeiíyánd as* figns the warrant on a fepa-race paper $ the grant ifsued to G. who fells the land to K%A. the first purchafer, was not responfible for the fulven-cy of S, & J4 and G. cannot vitiate the fale, nor re fufe to execute the contract with. A. becaufe S* and J. had not paid their bond.» K. the fecond purchaser, having been ad* vifed by A. to purchafe the land, (hall not be overreached by A, by re&~ fon of his prior purchafe and notice thereof C* Ki</p> <p>G. having- fold the land a fe • cond time, was guilty oí a fraud which renders him responiihle to A. for the pre-ferí!: value of She land.</p>

<p>a judgment by at **e r“les ckrk* mu{| be confirmed In court, otherwxie the judgment is not final, and cannot fee pleaded as a judg, snent, nor warrant an execution.</p>

<p>|fc„enM{t ⅜⅛ munui ■ independent the ene party may maintain his action without avering performance on his part j but ■where the mutual covenants are dependant, the plaintiff must aver performance on his</p> <p>Whether they £re dependant or independent, rs to be judged from the i'ense and meaning of the parties, and from the order of time in which performances are ffipu-lated*</p> <p>if a conveyance is appointed to be made on a day prior to that which is appointed for payment of the consideration, the conveyance is a condition precedent to the^ayment of the money.</p> <p>If bend and security is covenanted to be given on request, the request is parcel of the contract, and of substance l) be certainly and precifdy alleged in declaring for a breaeh of the «ovenant — Vi-de Vol. 3, Worley versus Mournings 254 — Stafford vs* Trimble, 3213 — “ Shepherd vs* Hubbard\ 494.</p>

<p>⅛; An action of ;debt against heir atad adtni-niftrator, will not lie on a judgment again ft the sd~ minftrator on* ly.</p> <p>The original caufe of action ’is merged In the judgment*</p>

<p>An application for a new ⅜⅛1 on account of the cftfeQ.verv oí facts fince the if141* “⅜ j® (hew dearly ⅛⅜ materially of the has, .wr-reIitlon t0 tb* ⅛⅛⅛ that they ought if proved ceifY'diffliti* verdict,</p> <p>A new: trial ougl“ "ot “i* plaintiff he-cause ⅛ went uni’re¡>at~</p> <p>Application ⅛ the chancellor lor anew t«-⅛ an act;0tt at loond cion. law is ad-to his dhcie-</p> <p>The confe-9“ences co the adverfc party ¡f the new trial decreed,</p> <p>l»pfeof ch-vmyean »f_ 1 for a new trial is brought to a jjear'n«>where-0f the adverts pv’-y may have tb“n d lo” by weakened ’ by impaired circumftances which wpuli a retufaf °^k d*e reilef</p> <p>.yrsanifeftly . clear to juftify the decree for a new trial, after luch.a iapfe The cafe ought to be</p>

<p>AdlefnotT¡é to the decifion of the county, dn^uardUn" * ■</p>

<p>Where the aMortof'e* J° cy°on ""account of a lost paper, upon * itaWc « law but for the "he^itss of the papet be annex, fd to : fubject matter of the writing» an añidavlc^of 'he lou ii not</p> <p>, ten by on*"!» ⅛ parties to a. thl/d P«(°n» the "contract1*!; Rating the ⅜ is tgainft ⅛ oart ty so acknow. f“P-[⅛ *original contract,</p> <p>T- easa6e;i ⅛ ⅛4°⅛ P. to pay the ex:Pe?ces « ¡^gran^'an!: to build houfes “d dpl“t or" faTer t]’e“ forfeiture ac-cordlfS t0 tilc mutton and°co*I onisation act; T-ta h*ve 7QO acres oi the }amj. T< {üí.m veyed Und 0⅝ tlle ;&r madl. ⅛ veys ua ]⅛. kUle’d Ty The Indians Wore' he returned the iurveys^to ^the veyor ⅜ from the field notes however, made out by the principal fur-veyor for the horn and the grants iffued to **"</p> <p>Upon a bill for fpedfic formance by the herrs of 1. heirs of P. thev infia that T. er h¡s reprefen-paid the fee for MF/mg the patent, nor rm-accordlog to contract.</p> <p>thfactoTiy^ dispenfing wkri improvements formerly required, was o-quivalent to •prrftirmance of ihe agreement to improve.</p> <p>’i‘rs íeprefen-times having ^Wer’i'fee á»d famished a re-ceipc therefor lililíiaHyVecom plie<t with the ■figtcement j neither the length of time under the cir-cumftanees of the cafe, nor the frnaii consideration compared with the present value of the lands form any objection to a fpe* cifk execution.</p> <p>Specific performance</p>

<p>When a debtor in execution is in the cuftody of the Ulor> within ihe* pru fen rules is ProPerIy Kkf« -¡⅛ ' tp £ 8</p> <p>If the.debtor “⅜tne Jal1- or it Dound to ass¡„n ⅛ ⅛⅛ to the creditor, ^ ⅛ ⅝31»* ”0 a“ s;gn over the bo"'t the creditor, tibe cíe-darat'ion charge an «- “/⅛; t r the prifen rafts and bounds and amraly loathe audition of the oi a~ escape.</p>

<p>vendor isak.es a deed to. the vendee, and afterwards acquires title, ; (the vendee can* ^ot claim a re-scisión of the contract on that account.</p> <p>1/ the vendor ¿represents his skle as clear and undisputed* an inconsiderable- interference* so (mall as not to raise a preemption, that ¡t would Stave induced th£ purchaser to have declined 'the purchase had it fteen known to iim, is not cause of vacating the contract in equity, feat the vendor Sail be responsible for damages at law,</p> <p>. A vendor pf; a tract of land wnder one survey or grant fluid not' set *p another conflicting claim, acquired before cr ajter rhe fale. in opposition to the title of his vendee.</p> <p>A mortgage recorded in one county tor land in another, is not valid againft z bona ñdc pur-chafer without notice of the morca /— Sul’ this ineguiarlry of the enrol-men( cannot be irriiled on by the ir>u/.g?go% to rebut the claim of the sendee to have the contract res*, cinded — buthe may repel the prayer of t-hc vendee for vacating the contract, by {hewing a release the mortgage*</p>

<p>In an action opon a covenant of warranty after evk-t¡on, the en-banced value rion of dama-Ses»</p> <p>of chases ⅛ a bet. ter cIaira to eJ¡j” fum paid for the better claim, the vendor to lcfsen fhe da-™a«es m upon the war-ranty.</p>

<p>Upon a writ of error coram *vobis grounded on the death of a party, the scire Jactas to hear errors ihould iffue a-ga’rnft the ecutor or admi-ni ftrator»</p> <p>If the fberíff return the defendant alive. fee may plead m nulla est erratum ; si the feeriff return Ehe executor or admimftrator warned, the court will proceed to hear the errors as-figned,</p> <p>judgment for ten per cent, damages on af-firmance by the court below in error ear am <vo°> bhy is warranted by the fta* • tute»</p>

<p>two, the sfaiigee may profecutg feveral actions against each, or a joint action againft both $ if he elects to bring a joint action, he cannot oifmifs as to one, and proceed against the other.</p> <p>Upon a joint and feveral obligation, the plaintiff fued from Jejjersm circuit, a writ agasoft one in jefterfon, and againft; the other to Nelfon ¿ if he dismisses the fuit as to the defendant in that court has no jurisdiction to proceed a-gainft the defendant resident; in Nelfon.</p>

<p>An erroneoui decifion of the county court cannot be re-vi fed by way of mandamus from the circuit court.</p> <p>A writ of error will lie to the decifion of the circuit court in awarding a peremptory mandamus-** Contra Rex vs* Dean Sf Chap, of Dublinf J Stran, 536 — Bishop sf St a David's vs* Lucy, Ld« Ray * ÉS5-S — John-non ‘vs. the Commonwealths ¥oi. 1, 598. ^ 6_ Salk ‘*6 - Rtx v, ikari, Strau.</p>

<p>Opon travwfs of an inquifr* tipn of forcible entry and de-tainer, if juftke ft ays proceedings and returns a bond*, &c. it will be pre fumed that the penalty wa.i fixed on security approved* and the bond executed before the juftice*</p>

<p>Upo® an action by a corporation againft a fubfcriber of ftock, for the •mount fub-fsribed, no ©- ther confidera-fjon is necefsa-ry to be fhewn than the fub-fcríption, accor* ding terms to the of the incorporation*</p> <p>Whenever there Is a legal liability, the law raises a promise.</p> <p>The remedy given by ftaiute to fell the ¿hares of a delinquent ftock-hoider is cumulative j by-virtue of the incorporation, the right to fue * for debts due the company, belonged to. the company, which is not taken away by an affirmative grant of another remedy*</p> <p>The attempt to fell the ¿hares, which proved unfuc-cefsful, did not deprive the company of the remedy by action.</p> <p>fitt. E- L. K, Vol, i, p. joo,</p>

<p>qi. of an equitable rifle in the pro. fecutor, is irrelevant and in2» Cpon an in-Cible «try and detainer, proof</p>

<p>Fraud in the ⅛ «⅞! „⅛⅜16’ either at law or to- e-</p>

<p>Debt ½ ill i f lie on an Mi gition i. r S9 dohars, ta d a-Ma, ge<i huJí.» &cs „„ in</p>

<p>Declaration in cafe upon a note for payment of pro® perty, muft ai« lege a confi-deration.</p> <p>The ftafute. which requires the court to receive notes not under feal as evidence, unlefs the defendant upon oath denies the execution thereof, does not dispense with the necefsity of alleging a con® íkleration»</p>

<p>A flieri ff'a fend conditioned to perform the dudes of the office, to ay he put in fait for non performance of duties imposed by ftatute enacted fubfequently to the date of the hond.</p> <p>The paymaster of the regiment is the proper person to profecute the ihertfF’s bond for a failure to collect and account for militia fee*.</p>

<p>Upon a cove»' aant by * ven-other lands e-quai in value, ⅛ ca.*,eKthe lan<i bye a * better claim, the va-lee ot the land of she covenant is the rule of antTnos Ure^a lue at the time efeviction.</p>

<p>Pofieffion m the plaintiff is fuificient to maintain an action of trespaf* or of ca% against one whp. hath no ¡ Ule»</p> <p>In action founding in damages, a new-trial ought not to be granted for excefffvg damages, un4. lefs they appear outrageous at first blush— Acc. Vol. i9 Wickltjje vs, Payne, 418— fVarford vs, Isbell9 249*</p>

<p># The devifeeof detinue without the a {Tent to die legacy°r But the devi-íce ui slams may mamián fucfe afoot*</p>

<p>*/ ¡,on¿ from hit pri-,oa*r*f" k“?“ ing the prifon iiiies; an ac. nas« °wiu*,He span the bond,</p> <p>.where piam-íLrihe'obiigors jointly on a jtiint and fey*. ⅛⅜⅛cannoTpro-<eed to judg tment against lígors°f and°a-fcandon his fuit sn to one.</p> <p>*¿eeW°obngorsf ⅜⅛ fued jointly «*pon * and ion'lley^tnav nead that mad ter in abate-</p>

<p>in sebe facias upon * jadg-mem: , a*a'.nit two, the plain- ‘ tiff cannut dis. continue as to ?ne« ,mi lake gamst Ci> then</p>

<p>⅝⅛? will formante ot a contract by a» bvwh^ f0E his benefit %ni rv* “ efta-® danger of being lost,</p> <p>A contract made with * suar(¡¡an and not performed during the minority of the ward, and oh jeered to by the ward when >t fail ag'J, Will not be entsrerd</p> <p>a ípecial a greement ro give iuch part oi the land tor loca'mg as was cudumary, would be en forced by a de - cree for a part of the land it self</p> <p>But without a fpeaal agree meat, the io caior e nnot demand '-for his lervic.es a part sf the land io cared, as upon a con tact to be implied from the cuiloirary remuneration m land given by others tor Similar feivices.</p>

<p>A false afSr-Tendor ¡n * meter, the truth or ⅛⅛-feood woeteoi the vendee might have »*arfd vigtoite anl attention, » nu a cause of aeaes.</p>

<p>A deed recorded within the time limited by the fta-tute, is valid again# purchasers between the date ana recording.</p> <p>An abfolufe bill of fale, for' a slave, although recorded, where the vendor, remains in pofsefriun is fraudulent a-gaii ft creditors and purchasers.</p> <p>if a patty move the court to inftruft the jury that a deed is void for one caufe and the inftruction is given accordingly j this in-ftruction although not warranted the caufe signed, cause íor rever* sing the judgment, if it -⅜⅝ * af« not pm that the «feed was void i«t another wafon.</p>

<p>cuilom being alleged ia the bill* Tiie cannot take notice of a caí. ⅛ *« coun[7 !0 ey® one third ot Ac ⅛,« for toca-ting — no sock</p>

<p>A writ of eri for lies to the decirion of the count» court, in fettling the account of as executor.</p> <p>Fees paid sn4 compenfatron for perfonal services, in tha fuits in tha name of the heirs relating ts lands, are noS proper to be al* lowed by the county Court is 'the icttlemene of executor’s accounts 5 the profecution of fuch fuits being no part of his official duty.</p>

<p>Ose vrbe bath the ablolute property and right to immediate pofleffion may maintain detinue, although he hath never had actual pofleffion.</p> <p>The affidavit sf & party to the eaufe may be received to prove the death of one fubfcri-bing wfoiefs, ana that the oh* kt ¡„’ot¡,e[ e. vidente of the **cc“t!°.n oi</p> <p>ting admitted ⅛ evidence tj' "the^otto party having ⅛ ^ produce* ⅛¾” «««given Arm& tbs tr‘al■</p> <p>bill of ⅛⅛ ⅛ the hands of defaMnce'rad ftipuladon ⅛ oi t0 ⅛ t'_ getber as une</p> <p>ine convi* tionai defea» *ance having iusPendetl vendee tu take pyiTeffion »a-¡imitation ’ m ■« ⅛⅛ ⅛ e,aa Í!com, ⅞ date of ths bill 0f Me, s>uc the <⅜»⅜ of the reasot,</p>

<p>No particular form of expres-ión is necessary to create a covenant.</p> <p>fe I have purchased of K a tract of land Supposed to be 500 acres, at Sour dollars per sere,” is a covenant to pay four dollars per acre for the land.</p> <p>In covenant upon that obli aver he had conveyed or chic-red to convey ihe land to the purchafer»</p> <p>I? the mutual .performances by the parties to an agreement are to be done at the lame time, nenher party can Sustain an action for breach of tli.2 agreement, without shewing perform anee, or oiler fo pes rorm on &is part.</p>

<p>' Of the legal effect and operation of a writing produced in evidence, the court is to judge.</p> <p>if a party Sieve the court to inftruct the jury hypothsfi cally, which inftrucfjon would be proper upon the iacts Supposed* yet if it appear from the evi-dente upost which the in-ftruction wu asked, that the hypothesis watt not true in _/⅛«⅛ and the evidence offered t® maintain the hypothesis wae not properly within the province of the jury to decide upon, the court may properly refufe to give the infraction-.</p> <p>A hill offal# affirming th# thing fold to b« snons, and containing an exp. prefs warranty of title, doe» not amount t* an atprtss loar* ranty of soundness.</p> <p>Where there is not an exprtss •¡Barrenly, but only an affirm** tisn of stundnta at fthe time of the fale, in am action fora faife affirmation, the declaration Ihould charge that the vendor knew of the unfoundnets.</p>

<p>In a village right the cent thíC th'/appTf saot claimed by virtue oí re» skiing ia the country, and marking the - land in 1776 j this allusion ta theroarkingad-.judg-d not to make the mark. Jng a part of the location,</p> <p>location of 400 acres (i lying on the trace from Boones borough to the lower Salt Springs on Licking, called the Sycamore Forest, running down the creek lor quantity,”</p> <p>Two creeks approaching the Forest, the one intended deter, mined by the' call for the trace.</p> <p>The furvey of the 400 a. eres directed</p> <p>Location of 1000 acres, joining the a-bovc “ all round, and to run do-urn the creek for quanti- • >y,” “ to join all around” is indefinite and ought not ta yield to the cal! ** down the-creck for quan-tky.”</p> <p>The furvey directed,</p>

<p>One in whofe name a location was made and who has alienated the land without any jesponfibility tor the title, is a competent witness for the alienee.</p> <p>The desenj}-non “ona trace from Licking to Lexington” applies more appropriately to a trace which. did not lead by Bryant's Station to Lexington.</p> <p>The call for <€ his name cut on a ttee,”® when only the initials were there, is not calculated te mislead, the other descriptions corresponding with the facts on the ground.</p> <p>An expreOion which is loofe m itfelf but rendered certain by the rules of conftruction hitherto applied, mast yield to z definite ex-^reiiion in an entry, only sofar as there is a repugnance between the defi~ nite & indefinite</p> <p>The furvey fálr*«ed.</p>

<p>eatJTf "fe'ue" ment right gran ied by the court of eommffion-impeached by a fubfequent claim ^Acc^6 w&f vt. Severe, ante 331, M'Minis Stafford, 487.</p> <p>the tide enu. curing from the commonwealth patent, may maintain a bill Selwer^aterf tee,6 nothwith-fending the ¿°iura0tJDtto* convey hi a right io other perfont</p> <p>A decree for-on the Tame entry between A ¿"^i^á'fúbfe* ^uentfuitofR, by A as his guardian and gainft M — that former decifion has the effeít ly,</p> <p>Entry “on Rough’s^ run to include an improvement trick Doland*" ¡, not rendered uncertain by evidence of tm-cade by laid {eighborhocd of Rough’s run.</p> <p>as locative in an e”¡rftye'nc^erea‘¿ ⅞* niRes no mean w„ intendedj & these objects are j¡> far apart that bout would have no land d°w?non to both ⅛ uncertainty.—</p> <p>Accord. ⅛. vol I3g_; Hornbtck ante</p> <p>menta by Do-ut°fo near to each other thac a furvey each w¡)1 have u,,d common to Int/hTiUi</p>

<p>The rate of foreign inters ft is matter of fact to be found by the jur>, in 4amage*«</p>

<p>⅛®, cross demand a. labor, ftps-rate and un-*®nne<-r*d ⅜⅛ 0¿ ⅛⅛ judgment wa* ⅛ no ground fot injunction and «,⅛ equitabta drcumftance»,</p>