Volume 6 — Kentucky Reports

<p>Return on fub-pos-a in chancery (t that the defendanr was not found, and a copy of the bill and fubf os* na left at defendant’s place of refidence,’* infufficient to take bill f>r 0 confejfo.</p> <p>Verbal contrail forthefale of land within the ftafute a-gair.il frauds 8s perjuries, . and void.</p>

<p>de=iare»P for* a iole ¡Htered, dedamoiety'.VI'</p> <p>O«i«pofsef fion o^f aji eftate «¡rate Tí Vir! ginú of J776, might aliene in fee-</p> <p>the proclamation of *763> j>el?re »*<⅛-visableinterest,</p>

<p>Affignee of a fcond holding it up nearly ten months without fuit and not accounting for de lay, is guilty of negligcncc-</p> <p>Staying execution by the plaintiff after properly feii-ed by ffeiiff difcharges af-fignor irom his refponfihility'.'</p> <p>The replevy-ing of a debt i s conclufive evidence of tiie de. ftndant’s fol-*ency at that date.</p>

<p>Profert of a deed not necef-faryto be made whec it appear» the deed is m jdverfe°p°ny.e</p> <p>Perfons mi mtr.tjjh intrude themlelves into the jury room and converfe with the jury on the iubject: of the fuir, the jurors not liften. ing to their itattnvnts as evidence ; this ís no caufe for a new anl.</p>

<p>to a fate or transfer away , reftei right, **</p>

<p>An entef-mint made on * deed at the time of its execution become» a part — but if made at a different time and not fealed by ihe parties it does not.</p>

<p>Committee of a lunatic cannot mam-cam an action Tn their names on covenant given to the lunatic*</p> <p>An idiot of lunatic may sue or be iued*</p>

<p>An appeal ^oes not 1⅛ of0”^3" county court appropri-mon'y the purpofe of al-,u"nE Perf°n* a ia^iftrite,</p>

<p>A pka of fct-off ought tocon tain the fub-ftantial requisites of a declaration.</p> <p>Refering to an account in a plea is not luf-ácient to fup-glj the defects</p>

<p>J. S, purchased a slave with the funda beltnging to hiaifelf and coheirs, put into his hands for that purpofe9 but took ihe title to himielf, and offers to ac,. count for the fum advanced to him.</p> <p>The co-heirt fcall have their intereft in the Gave.</p>

<p>Upon bill to * le”™ \ofl ft* *uregthe repay-nientofmui’ey, to *'ak^th"” exer.uior of the mortgagee apar, ‘V1",</p> <p>The mort. gageein pv.Hefli. mortgaged {ha'll account for the hire,</p>

<p>A prefent* ment will not lie for a breach of the condition in the bond of a tavern keep* er, the remedy is by information or indicU ment»</p>

<p>On a cove, nant of warranty heirs of the nant cannot ⅛* maintained asa|ni* the heirs without joining the perfonal re-prefentative.</p> <p>“,10" againft heirs a-¡one p¡a¡n. tiff mua aver jeed.</p> <p>The defect >nay be wken general demur, rerand is not bjr VCI"</p>

<p>In a preferment agaínft a iurveyor of a road for not keeping it in repair, the time muft be ipecU ¿fed.</p> <p>Charge of not keeping it in repair within three months uncertain.</p>

<p>1!s effurnpfit on a writing not under feil a ~o~fiderarion molt be averred in the decIa~ation,</p> <p>Proof of the hznd writing of a fubscnibing wirnela to a bond, in whit cafes admfli ble.</p> <p>On a note fcc 501. in lalt at two dollars pie buihet, cvi dence of the price of falt when the note became paya.. ble is admiffi~ ble,</p>

<p>⅛ ejectment, thetenifecan- "?* enlarged after judgment and expiration of the demise, ftayed by injunction,</p>

<p>The rent? is profits of an infant's eftste taken during minority, are lub-je£ts of equitable jurildittion for which the infant majhave an account taken after full age.</p> <p>The pofieiTor of án infant's eftate fhal! account for rents and profirs from the time the infant's title ac-</p> <p>in cafes not' within the fia-tute concerning occupying claimants, the i$tia fide pofli flor is allowed for all valuab.e and lading improv-rr.enc before e-vnftion, eftima* ted according to their utility Sg durability, and not by the in* creafed valúe of the land.</p> <p>In genera!f intereft not de* creed on the a-moúat of improvements or rents. '</p> <p>On heaving of the caufe the courtought not to receive paro] proof to inr» peach the report of commis-fioners.</p> <p>Evidence to invalidate, the '^ftimate made í>y the eommis. fioners upon view of the improvements ought to be certain and apply-to those identically and not to like improvements in the *zd, év'úy.</p>

<p>Who ought l°Dismiffidfbr want of proper partie?ought to judke!'0Utpr':'</p> <p>Each party ordered to W iiT ^ppeUate court, where the decree was and^affirm-iTln part.</p>

<p>In actions of iort, fmallnefs of dania^es is no ground for anew erial-</p>

<p>An action of afiumpfit will lie on the warranty of found - nets of a lb ve.</p> <p>In an action f r deceit the declaration ihuuld charg-that the fl-.ve was unluund, and the vendor knew of the unfjundnefs at thetimeoffale, but not in an action for the warranty.</p> <p>No pardcu. lar words ne-ceflary to (¡reate a warranty, but there muft be a promije or under. taking for the foundnefs, but a bare affirma* tion does not a, mount to a war, ranty.</p>

<p>Contract between hoiband and v* i 11 be ¿"ore marriage, riot to have operation until after co-verture ceafes, is no: extin-guiited by the marriage*</p> <p>Husband and wife agree before . marriage that if íhe iur-vives him, and without iflue, that her property pofftfled before marriage fhall go to her heir's j if the husband a- her requeftand with her mpney pur-chafe ftaves with the intention that they ihall be .subject to the marriage contract, and dies without if-fue by her, fa oh flavea pais by her will.</p>

<p>A gives flaves to W for life, with remainder to the children of W — the re* ir.ainder is law. ful Sc effectual.</p>

<p>Entries ofland made after the pafiage of the ail of 1785» were not within the forfeitures prefcribed by that aft for not appointing . agents? &c-</p>

<p>Misjudgment of the law by arbitrators, not: alone fufficienE caufe for fetting slide an award.</p>

<p>Chief JufticcBoYt* did not fit in this caufe.</p> <p>ArCouna°tracc of land,' which he reprefented »cr«,"which on 's furvey fails ftort 67 acres"; not fufficien"to i|t afide' the contract, bute-cree^heiliierto pay the everage price per acre encyhe ***</p> <p>Grantor mi king a deed grantee^ notice does not pre-dude his right penk'ion COfor inch deficiency,</p> <p>ihe words Sed mean that the ponies are toi-untheñique But^hey'do no¡ bar an inquiry into a^traud the'^eiier in faifely repre-of "res fold. "</p> <p>The ifedeedtoDe" lany, is evi - &jce iitat he knew how much tbe tract contained.-</p>

<p>Sheriff or his defmy may take phfon toandsj although there he yja,lor-</p>

<p>A debt bar* red by the fta-tute of limita, tions cannot be ufea as a feccff.</p> <p>An unliqui-dated demand cannot be used as % fetcff.</p> <p>Notice to ^ivBrtothe'aá-verfe attorney at htw, whiift the th»1 ilatc * irré. gular — it íhould be given to him torney in/"i?,*</p>

<p>CfoidtoFa t«a of land, contra ⅞ (0 deiive/ pJf-feffion in the the cabin was burned before value of the ca. bin&railsde-⅛. j udgment at la w on the bond for s pwdiafe n,on'}'</p>

<p>The chancellor exercifes a difcretion in de creeing a fpeci. fie performance</p> <p>Will noc ex-ercífe power ia favor of one who has failed to perform his part of the con. tra£l, or hai ftown a backwardness.</p> <p>; Under what circumiUt-ices sefufe to decree bu^ieavT'the parties to thek temeib at law></p> <p>trail where part bas b^en Per' ¡°r”ot ⅛ ⅛ power of the court to rei.n* ftace the partie« UQ{efs fraUdor the afl of the pt*'</p>

<p>The deman-dant in a writ of right, to maintain it, mull prove anaftual feiiin.</p> <p>The grant of the commonwealth gives a right of entry", but not actual íeiün.</p>

<p>border town on a particular /⅜ will not nPholá an ac-drawer, without an aveiment of * anjUtmtun.</p>

<p>if the injunc. tion is diffdved Par*> “pont^* defendants law ftouid pay coils</p> <p>rev.rf e(¡ ¡„ part "¡,,,⅛ affirmed in part t0 coft3,</p>

<p>If the county Court ref~ik to opeox a road, the</p> <p>applicant camct maintain a writ '* j”’ countof his ⅛-tereft in the pro* pofed road Wou)’</p>

<p>ought "not wbe granted on account of the nt ír^attonty^ííf the party apply, ing for it.</p> <p>of tihe'auorney or agent is the segieft of the principal.-</p>

<p>In covenant to pay in various articles of produce, t% obf ligor can Ae ⅜⅛ mount in one Of Ac articles mentioned.</p> <p>A repleader is Bever^award. himnwho?coin-mits the firft •*Ult Tidd'C^* Pra~ &.8 B. Sz4 —Kmft-vs frews,u^Ray- ' ■vs. Bamuter, ^Tnwiiafc 8 Cok. 133, kv</p>

<p>to1~s ought çó he given on .*e*~Io$. ftC.</p>

<p>a a ¡op will apt lie «pon * pay^j^Vp'ra* perty, without averring a coa-^<j17ch*<ir,!,ft ⅛ ⅛£ forth.'</p> <p>0n » nofe ⅛the p2)'mel,t »nd * fpyciai requeft requeftadmiffi-</p>

<p>⅛ chancery, fcveral defen-of the court canfe, becaufe the; anfwer of 'S^oi j jft bctrf carmotbetaken tdvantagc of b; a perfon not ain-fected by it.</p> <p>A party not affe&ed by an order of pubU-cation, proof of its advertisement or the manner of taking the bill to* contefied, cannot objeét té thofe proceedings as irregular.</p> <p>An order of publicatiunmaj be made againft Jieirs whofé names are unknown.</p> <p>The certificate of aftnagif. trate that the parties confcnt. ed to the taking of a depofition, is not evidence of the content* But circum-ftances may be fufficient to pre. fume confent, ■⅛ fuch confent proven would warrant theread ing of the de-pofitlon.</p> <p>Depofitions read on the trial in the court be* low without ob. je&iori, cannot, be reje&ed in appellate court*</p> <p>A perfon who inhisdepoficion difclaims all in. tereft in the con troyerfy, * need not be iha^á party.</p>

<p>r típon the if-Yue o?Lplerie od-fttintJitd’üU y i i¿e jur^ muft find Ypecially the a mount V)f aiTets in the hands of the adminiftrator, otherwife the court cannot render judg. merit upon the srerdith</p>

<p>Motions ta continue or »e infla e & caufe, »re addrefled 10 the diicretion of the court.</p> <p>In trov.r the Value of the property at the time ot demand is me criterion tf damages*</p>

<p>for1e8r°e.sboth title from the feme jerfcn, the de,en^nt the title of that perfcn. In detinue</p> <p>id ⅛ received aspri-facie evi-o"f jJj* f:rfcn pj¡Teffed ⅛ fell.</p> <p>°nejointte-⅛ common cannot main-tai-n¿tí1-nue a_ gamit nis cote-n-mtfor proper-{bth haventitle1 A fate made fcy onejointte-nant cannot di nantof his im. tcreft in the propm».</p> <p>The circum-Sauce of wint tenant’s t.iking intis of ¡' ■me tor pro terty purchas- . s for their hot 'affect the si,;ht of the |rrmer.</p>

<p>To recover a horfe betted and loft, the adtion of debt is .not proper.</p> <p>The perfon lofing property cannot maintain an action for the recovery to hi* own ufe, but reuft sue <¡ui tam.</p> <p>The declaration ihould contain averments (hewing a for» feíture of the property.</p> <p>An action qut tam will lie to recover property which íhail be ftaked or betted, one half to the in former, the other to the courr</p>

<p>One executor or adnvniftrator not liable that, handsofbisce-ejecutor or ad-wtnii com? mitted by his co- execucor.</p> <p>A joinc plea which Is fuffi-cient for one but not for the other is bad,but not in a joint plea of plene ad• mlniittaverunt»</p>

<p>In covenant* for not performing certain work, iflUe co* yenanta performed, evidence tending to prove that the plaintiff was fatisfied, and had received the work tho* in a different (late from that in which the defendant by his covenant was bound to place it, not pertinent to the iffu?#</p> <p>4 verdict rendered and received in pre-fence of the par* ties without ob* jection, when one of the af-iiftant judges ' had left the bench, (they composing the court) is not illegal*</p>

<p>On a warrant for forcible de-tainer! tbe in * quifition found “ that the right of poiTellion was in the gijUintitf.**</p> <p>Upf,n a tra» ve-te, rh* jury found thí ifl-tjueft true, and iuprradded that; (he de'endant in the wanant was guikv of the fotuble de-tainer %.</p> <p>The ínquéft is t-o defective in mt finding thefoice, that, feftitution cannot be awarded thereon, and i he fi ding; on the tra-verf& cannot cure the detect.</p>

<p>To charge the endorfer of adonrceftic bill ofexchange»un. der the ftatute of Kentucky, with intereft and damages, notice in writing muft be £iven him, that the bill. has been dishonor ¡ed.</p> <p>But the want of written notice, docs not difcharge the endorfer, if the bolder has pro. ceeded according to the law merchant.</p> <p>If notice of proteft is not given in reafon. able time, in cafes wh'ire fuch notice is, required by the law merchant, the endorfer is discharged.</p> <p>Perfottal notice not necefláry, Sc therefore* the abfence of the endorfer from his refidence does not excufe a failure to transmit the no. tice in realona < ble time-</p> <p>A promise to pay the bill by an endorfer may be an implied aámjfííon that he had received due notice of preteft, but •where it Í9 evident fuch 00t tice was not given* a protnije by the endorfei t0 Pa.v the ¿[^hai-ged Tnd without any confideration ⅜' thwfifU™¾ máimamanat-tiun*</p>

<p>In covenant," length of time is prefumptive evidence ot performance, tobe left to the</p> <p>What cir-cumttances will repel that presumption, to be left to fhe jury* Where no time is fixed for the performance, if the the thing to be done be local, the covenantor will have during his life to do it, unlefi battened by re* quett ; but if it be tranfitory hewill be bound to perform it in a convenient & reafonable time</p>

<p>Perfons claim* J"8hrs "ti-a*'Ini 'info. /**'««. con. ‘•r1a*V'a ih»n"ery/ **</p> <p>Proceedings denAreirswhofe names are unknown,regular,</p> <p>to Aremove°na caufe commen-cedana circuit «ourt to the court of the U . States, can "be iuftamed only the plaintiffs have jhip in theiame one of the defendants.</p> <p>Amendments, to add proper parties, arene-ver too late ^161°°“⅛ the caufe.</p> <p>The claim furplusjand bounds ofdeeds muft be found, an e" from circ"mS ftances dehors the deeds.</p> <p>mediate pur. chafers of land, m a bill filed to obtain con-▼eyances, muft ?>e made parties</p>

<p>That the af f,gnee held the covenant¡n m.ft icrafiigr.or,and anee of theco-venant to ihe ¡,n(¡ ¡heieioré proper fubjeds !or.tl}‘ jurildicnon or tj,e court.</p> <p>Whmacaofe ™aJ0 panics, and when not.</p> <p>Uader the ña t*ceofK.eatuc« kyexecutors ate not to pay cofia Froper gouds. hot hit proper aga:nft them de hmpn¡riu%</p>

<p>In aflumpfit a fufficient confederation mult be alleged in. the declaration.'</p> <p>It is not fuf-ficient to fay that “the defendant being indebted to the plaintifF in the fum oil18 dollars, inconGde-ration thereof promifed to pay in plank, &c.</p>

<p>in covenant, on the warranty tiff mud aver tlut the p«fon ⅛⅞⅛⅛* 0r at the dateofthegmat tbe</p>

<p>An entry de-pendant on a lurvey rot r»to-thus and only 7 days old, decía* red invalid— Accord, rules 24 and 25, vo\. 1, p. 635, vo!. a, p. 649.</p> <p>Before a fur-vey was required by law tó be recorded, the court will not indulge a preemption that it was of record —Accord. Da. ‘cds Dat-isy vol. 2, p. 137. . The proba, ⅛*3' *s was not notonous in.7 da7! „jade — Accord c/eW’r bcin vs Gray, vol.</p> <p>cafe that the lurrey 375° acres part oT^ valid entry for 5000 acres, and fo far entry,"annot be brought in aid depen." wife it the fur-were Cfor "rtie fame quantity. ^ ** p_ vo '</p> <p>An entry gives <⅛-⅛⅛ ‘ a^greite* number of acres than the "ar* jt was made> authórifed tobe</p> <p>boundary firft named has not thereby any pre ere e’</p>

<p> Unreasonable diligence of </p> <p>f 0 thoufand °acres° “about N. E. from tfeeUpper ginning,Cb!lfe¡ mile fouth of a P°nd 0^b^t0p shenceeaftwaiá ly 800 poles, thence fouth-elude^a ««ed knob, and a lick continuing a fouthwardiy backC of° the hilh on the N. fide of Licking, a"r Blue'uck''’ ce n^t valid, becaufe the ac"ui ed^noto* riety, the de-feription given My* a ecu rafe" tó enable another iifind the pond —the'liek'wast0 sot fliewn, &c.</p>

<p>The Purvey- or's report is e-vídence of the exiftence of ob* jeéts found upon the land— Accord, Bozo-ling •vs. Hcint) vol. t, 89— Heffingion vs» PVbitt) vol. 1, 115 — Calk vs. StribUng, vol. I, 1*4-.</p> <p>From the pre-fent exiftence of a large pond, its existence at the date of the entry may be prefumed.</p> <p>So of any na+ tural and per~ manent object ; but not fo of an artificial) or a routable ob-jeté —Accord. Walker verfus Montgomery) vol. 2, 2-59»</p> <p>Entry of 400 acresfi to lie at ike mouth of Braihears-’ cr’k. in the fork of raid creek and Salt river, crof-fing the creek to include a pond,” how to be furveyed.</p> <p>1000 acres to join it on the N and E. and run N. and E. for quantity .'.Sams principle, vol. a, Walker vs. Montgomery, p, 255 —Clinking-beard vs. Kenny, 5*7-</p> <p>A location on a pre-emption warrant made at a time when the right of pre^ emption had lapfed, is not entitled to the dignity of a pre. empt'ion under fubf.quent laws for extending the time for lo» eating pre.emp. tion wai rants.1</p> <p>Entry of 400 acres u on Bra /hears* creek, to begin one mile from the moutb, and run up on both hies there of; three times as long aswide’* —the diilance to be taken on a direct line — Vide rules 7 & 8, vol. s, 649, vol, J, 632.</p> <p>A reSianguiaf furvey would not include the curves of the creek, therefore a departure from the general rule is di* retied;</p> <p>The furvey dire&ed by the court of appeals varying from that dire&ed below, but yet embracing all the land given by the decree below, the de* cree affirmed— Accord. Crac kin verjas Steele, vol* I, 50.</p>

<p>Entry loth May 1780, ‘ on N. fide of Har-rodsburg, adjoin ing faid town.’</p> <p>This does not attach to 640 acres referred by the a<S of 3779, for the ufe'of villages, but to the actual boundaries of the town at the date oí the entry»</p> <p>The fort at Harrodsburg feeing clearly cf* tabliihed as conftituting the principal part •f ibe town, & ao evisdence to Pro',e dearly buundaryftrth« town of,he ⅛¾ ed to the fin, ,nd furveyedia cabina*points* the fore at the mi'lw*y of lmt‘</p>

<p>«Wm. Helm enters 300 «- crs!* of 8 ram withdraw» from Meadow James Duncan and Withers* looo acres on the north fide of laid p. 9, 5 B.1*</p> <p>The unintel. ligible letters 8e figures at the and, could not fntfiead/"and therefore disregarded-</p> <p>An entry for 1000 acres in the name of J. Duncan, Withers, and Van-cleave, will bo taken as the one intended, imlefs another is Ihewn in the name of Duncan 2c Withers alone.</p> <p>The head of a creek which hy nature is clearly marked and diftinguiih-ed, is a gjod locative obje£l; nor will the court prefame an uncertainty, unlel's the plat or other evi. dence makes it uncertain.</p> <p>How to fur. vey an entry in. eluding a cabin and the head of a creek, diftint the one ffpm the other. Survey of 300 acres, joining one of 1000 a, eres on the north.</p>

<p>Entry 4ioa Stoner's fork of Licking, at the folks thereof, about half a mile above a fand lick, in the middle of the creek, to include a cabin where there is a cherry tree marked D. beginning rear the fork and running up and eaft for quanti* ty.” ■</p> <p>All ho' there was not a folk generally known and reputed the forks, yet the o* ther deiciiption is fuffichm to lead to & identify the land intended.</p> <p>The furvey direfted, by beginning immediately below' the cabin near the forks of the creek, thence up the meanders of the main creek to far, when reduced to a right line, as to give the bale of a iquare area, extend lines from each ead of the reduced Ike e«;ft fo as to include the cabin and get the quantity by clo. fiug the iurvey with a line at right angles to the projecting lir,es,</p> <p>Entry of cco _acres “ on Sto-ner’s fork above a fand lick in the middle of the creek^ adjoining his former entry of 500 acres* and below the (ame’</p> <p>The firft ex. preflions m this entry are only intended as general defcnption of the neighborhood, the locative ex. preflions are “ adjoining, and below the lame’ • — M be furvey. ed In a fqu&re, See.</p> <p>So.Vr as a pre-empúoner for aClunl fettle-meat by his tn. fry With the fur. vcj-or departs from the leca- ■ ticn in the certi4 jhate, he lofes the dignity of his pre emption</p> <p>The certificate of the com. miflionersiscon clufive as to the right of preemption.</p> <p>The improve, ment claimed being notorious as thepre-emp. tior’ef’s !mpro.-mm, ted having' no other, thécer.i' dicare muft Jett'ltmtnt, but only walking provement wu m,t a" *⅛“1 and chopping,</p>

<p>. Entty of ioo$ acres, “ on the head of the ftrft branch that runs into Green river above Pit. man's creek, bout two and a half miles rom the river, to include a large camfi, on faid branch* running with the. Cumberland'trace for quantity.’*</p> <p>Green river prefumed noto* rious at the date of the entry</p> <p>^ rlt 1T11 PI S creek & Com-berimd. trace rious.</p> <p>The Camber. ning"o^n^the branch claimed and being the fiderabie iia”a-bove Pitman, iufflcieot to de-bninch intend' *d.</p> <p>Xh„ Ought to control in fome mei iure the furvey.</p> <p>to approach nearer the river neceiTtry to include the than neceiTtry mrlndf» rhp camp and run along the trace in the —in a fqtare. the l.aes ptrrl lei to the ¿ene much'of the trace as «till he included, and thereto, barely includmg the</p> <p>crofs appeals the ur, v-ey oneUed by nAe'S that direfled by the courc b-io v part^wii! isms lcnd decreed to him decreed t0 ¾⅛ below, each’ Partyt0 Pa.v h>* °*a c° *’</p>

<p>The fail of notoriety of an improvement being ptfitively charged in the bill and not de* nied by the an. fwer, although the defendant had a ferjen* al knowledge of the improvement; is evi. dence of the notoriety.</p> <p>Circuirían, ces enumerated tending teprove the notoriety of improvement.</p> <p>The genera, lity and uncer. taiuty of the call for the middle ferk of Liekirg corree, ted by the call for notorious improvements,. Accord - M*Gee vs. Tbempfcrt) VOl. I; 13a,</p> <p>Entry to ad¿ join a fettlement and pre. emption before the pre-emption was entered v'1 or ^al/ad! join the fettle, ment only — CnjC;0r<tsV°iwá’ eiir,.12, it— Ward and Ken. ‘Zlwuli'm v! 7aylor, 4t— Suearingm v¡. &mub, 94 Harrod, Hard, 441 — Kenny vs TíÍ — g’ms*' ws. Rice, voi.s, io% — Speed vs. Severe, ijz.</p> <p>Location oí one fettler call. nother^beiLre that other had obtair.pd his cer nie^nc^ri^h^tAh call cannot be applied,to the titoTcb ained but íhait be dif. regarded ¿s a entity^ ™'</p> <p>Entry., “ on thf ™'tbfideoi his’im-pr^mern”— n*ot 'extend'*»! crofs the creek —iul,eJ direc* ted’-</p> <p>Vide ClMm-beard vs Kenny, P’ ^7’</p> <p>. .^"^7 ^e‘ a„n improvement,how t0 furveiiei j^ec Moórevs. Harris, %6~— ^“¡jerdvirfus ¿ÉÍríj* Morganvs Re. 2j9-“ 129,</p> <p>■0⅛°£-*^¾⅛ rjy</p> <p>and E forqiun. t¡t>, ¡n a Iquare the middle of . P’s line to be the middle of tbe 400 acres — Accord. Mar-Jháll vs Dupujy ante? 134*</p> <p>So far as the entry or' a preemption or marking & improving varies from rhe iocation in the certificate,the dig-amy of the preemption is loft • — Accord, ante. Fryer vs. holder'sbeirs, > 37 — Robinjon vs Corn To) 2, 127 — L-ockbeari ver jus *X'abue, 150 — Clmkinbeard^ vs. Kenny, 512— M'Gee vet jus í'bomjján, v»i. *35 lard's heirs vs. 'Jtayhr, Pt.Dee. 348.</p> <p>How to fur-iwth fide of Licking, bel-’w * buffalo anf0 ⅛ elude his ⅛-,Provemer't ”</p> <p>adjohfisg'the»! We and “ ruii “P the o-eek, quaiw tity.”</p> <p>s “ *¾°⅛ and°indude⅛." {movement.”</p> <p>Daciee fuf-eom'lainaiuob1 tains a grant from the com-án^hiTíurvey*' - '</p>

<p>The certifi-i^a^rrT^v" in^múft^ton" tain a precife location to give dignity of preemption — Acc. Fryer m. Hold lYy — vol "t Dcolmvs Far. «10,363 — 487.9 — C/⅛⅛ beard-os Kemy -vs Lee, ajjignee ofToung, i5— "I — ‘sf antand o-io gs vs. Wallace, Hi65 — M’C7c°a’ ban, vs Berry, 177 — Myen vs ⅝>«⅜ 99,100.</p> <p>ir.en” ftream where there wire tainly deicribed and not notorious* as the improvement of V cannot fup-pnrt his location calling for hit improvement.</p> <p>That it was known to one company ofim-provers,not fuf-ficient evidc-ice of no'oriefv — « Accord' man vs Melton, voi 2 155 6 Harrison's heirs •vs Dertmiab, 349*</p> <p>•i Tbewordsc>f conftrued »ccor. ding to their u. fuai andordina. Accord. fíiVers Graham, voi. a, ?4S*</p> <p>Entry catling to begin two s a half miles E. fec.^the Sbéginl ning is to be af-certamed by the magnetic meridian, and the furveyexecuted according to the magnetic meridian at thc'dace of the entry.</p> <p>The court cannot judicially take notice that any variation of the mag. netic meridian has occurred be. tween the date of the entry and the date of :he (urvey — theva. riation between given periods,id a ¡aft to be proved.</p>

<p>Entry on Huf. ion's fork “ on the iV. W fi.íe and one mile from the head ihereof»" to be Purveyed begin, ning' one mile from the head, thence down the creek with its meanders, untUreduced to a ftiaight line will give the bafe of s fquare area, thence at right angles to the reduced line for quantity.</p> <p>That the creek does not prefent a N. W* but rather a S. f?*. fide, is hot aa objedion, . aa the fide intend* ed is evident.</p> <p>Call for C’s *( fectlemenc Ss pre* eruption,” when C had no location on the preemption w’t ¿ball adjoin the pre emption on b- ,</p> <p>The pre emption wa rant of C having been p rev/oufly en tered in the name of rhe ai. fignee, does not alter he cun &u¿?.c»n of this call, unlels th? pre emptior. en. try bad.retained the name or reputation or C’s pre-emption.</p> <p>Court proper. \y re u ed to permit anfwers to be filed after decree given, without (hewing caufe for delays</p> <p>Upon a caufe tried by change of venue, this courtwill award ctrtmari for the order < hanging the venue in cafe an ebjee^ tion is made to the juniuitfion of the court be. iow.</p>

<p>Entry “on the Elkh n'b'l °f the mlb fork between the lines of general Lewis and general Stephens’* &c. the firft part of the tatty is but general deferiprion*</p> <p>The military furveys not notorious, and the certificates of furvey not containing any cer. tain defcriptipil by reference to known & pre-cife objeéts, cannot uphold the dependant entry.</p> <p>Being called for bythe names of geweral Lew. is and general Stephens, Sc no proof that An* drew Lewis & Adam Stephens were generally kaown by thofe titles in the vicinity of thofe furveys, the aL lufion to thofe furveys was not fufficient.</p>

<p>That» furvey ¡Tnotprefump! tive evidenceof notoriety — Ac-CGalkwlf‘yd! j, 14© — Key-vs Alatjon, Hard, 70 Eo 75*</p> <p>, When a fur the law ed it to be re-b^prefumed^to have been of re. cord ;_*ndacaii entry wiiTre" der the defcrip. h'™ in the cer-pfrt^of the defoription in,he *¾<*⅛⅝</p> <p>.t,. *■ iiaC tnc per-ton was aitual-b l!vi«gon hit lump tí ve^ ' vidence that the landwaa known ty Óf'perímífiñ the vicinity,</p> <p>^Although the nomnous^ yet as the bodv of £he fla'm wa> havebeen found *7. roafonabte Eftillvs.Hart's k“rs> Hard»57*</p> <p>An entry cauing for Seed’s Prf emPtIoft> , when it had ⅛ afligned, entered and for. ^e7edfi^Cra,S notJ derive’any a>d from the certificate of lur</p> <p>But the claim net ally IcnuSvn a'lufficient'caH of‘location.</p> <p>Words in an *ttto°bere'ec* ted but'where thefenfe necef. firily requires</p> <p>*The courfe eaji, to join Reed\ pre.emp-iron, muft yield fo fa/ as is ne-ceflary to ;⅛ entecan' nfif take more land than is located, but a fur. given bounda-ríes of a few a-to'vitiate*' "he</p> <p>If the entry obj-fts, fo that there was no reafon to make one yield more than another, which boundaties contained too much land, the entry would be good only for as would ^be emmt to fur-veys of the pro. per quantity made upon eac& boundary — b^e Morgan vs Ro* binjon, Pr. Dec. .269 -~¿Craig yi* Rogers, Hard, ,138 — Smith vs» -Marrow, vol. lOl-M'.Crac-ken vs Steele, vol. 1, 51 — Marjhall ver jus Rough’s heirsf vol 2, 631 2.</p> <p>But f\ the boundaries were io extensive that furveys on the different boundaries giwn might be made of the quantity, without having anv land in common* the entry would be void for uncertainty*</p> <p>Calls for vi» Jible cbje&Sy Ze for dijlar.cesy oe. ing repugnant, the latter {hall yield to the former as far as..is neceflarv.</p>

<p>Entry ¡nva_ lid becaufe the w* not u clent 1 e" fcribed, nor the jfckdlftkiguifii able from other licks and improvements,</p>

<p>An object appealed Co as locative, muft be fo chara&erifed by a notorious appellation, or other accuracy of deferiplion, as to be diftin-guiihed from o% ther fimilar ob-jidls in the vicinity— Hardin vs Hargis, ante 363 — vol. a, Buckner ms Fea. gins, 138 — Hite vs Graham,i^j —Hornbeck vs Stansberry. 476 —vol. 1, Ward vs Lee on Summers's claim 17 ~~Hogland ' vs Shepherd, 121 —Craig *vs Baker, Hard* 287 ~~Ccucbman •vs 'Thomas, Hard. 2,*}% — Speed •vs. mijon, i*r. Dec 95-</p> <p>Entry depen. ding on C*s cabin, which was not notorious as C*s and not To deferibed as to be diftinguifha> ble from other cabins oa the creek, declared invalid.</p>

<p>he!rs°Vfq0Teli^^ %ui(h their right and intereft ina land warrant, or edby it,asfcon as iuiiypaid for, * a* Piaoo do[is° —on an aaion againfl the ad. miwilrators for the purchafe money, the de, fendantSt piead-^ plaintiffs were not entitled to theland as heir» #r!n ¿nypcher ty"the "qnfil deration hath fal!e"> “⅞⅞⅛. tiffs had no pow. « or authority wstrant — ⅛⅜⅜ ?n thofe pleas “n”“,etl*1*</p> <p>¡ng ha,£a¡n a defect of title onlef/fiaocMs charged in ma-the con-</p> <p>*piea ⅛3|. goes to part of.the confider. badmifljbie— Actord. 1⅜⅝ *°J- i> i°®.</p> <p>, Iffues on three pleas, two «nnwtenal,and dic^ fo^defei-dants; the ver.-a tepleader awarded, there</p> <p>Whenever the court can “£°“dthe wh°le ! pleader fhouid nolbea,l'ardid' travit, it ñ ne-' ceffarythat the prove* fendants had received aíTets the°neitare their inteftate.</p> <p>teriil iffue. Whether the the'courTreía-tive to 'be i.-n. material iffues were right or importapt, as therecord (hews ought 'noT'to have had a ver., “li*16 ma'</p>

<p>An action of covenant will lie on the warranty contained in a deed of con,’ veyance of real eftate.</p> <p>6 Viner, tí-(C ) c”venant'» 37^1(9) Rcites . Roll. Rep. 25, je -HotetrsVi^ 3, pi. 6 — Hob, |«nkPt»»4 'dT 83 jmk 2.91 j pi 31 — Hob»t pi ⅞1⅝^~409— (Z.)’ p. 424, pi. 1 and 4</p> <p>T® recover ty, the plaintiff «siifcrf*. wa?b*jV^ra. ,jp>uu útlu</p> <p>bJtófcw S mentofa court* out the iuds-n»Ant nf 4 rm* r></p> <p>Ifbyajudg, ment of a courts the record is the only eri. eviction» ⅛™»™?</p> <p>And whether or ^ ^ ⅛ ^on defence mads is imma. te-'lal> tke 're. ¿Zce^ofTbé fact of eviction orib,. and “<* titleparanloun£-</p> <p>In covenant, upon the war-chafc’money & imereft is the ofda-</p> <p>a vol. 276 to 280 — Cojby vs Wefit 568 *— Vide fifher •vs Kay> 440 — Ger&uit vs Anatnor.) 545 -XXII Vi. ner, Voucher, (f b.) p. 144 5-(U. b.)</p> <p>That the vendee is not accountable for rent by thefta-tute of Kenruc* kyi is riot a éaufe fót ex. émpting the vendor from payment of in* tereft, ,</p> <p>But the ver* dor is entitled to á deduction /or the valüé of improte-raents on the land at the time ofthe .fale for ^hich the ven-dee recovered of the evictot or fuccefsful claimant.</p>

<p>one pnr-efllT9» tbn, ufe of the per-fon againft whom the exe-át his requett, or fraudulently ppiis down the whereby"*"^ property is fold to him at an purchafe gives him bu abiuiute right, but he is the trustee, and Jhali account for the hire ; he to be reimburfed Vdth'mterefc</p> <p>If B purcha. fesiavesofthe out authority given by S to his wife to fell, recover the flavesis at law, andnotmchan. 'ery" '</p>

<p>A ftatute repealing all for-' pier acts w»ehin its purview,' does not repeal the provifions of former laws si to cafes not provided for b jr the repealing ftatute.</p> <p>The act of xSlz concerning occupants, does not repeal the operation of the act pf 1797, upon cafes of judgment or de* crees rendered befare the paf* fage of ihe act of 1812 5 that; act applies only to evictions af- ' ter its paflage.</p> <p>Jf the occu. pant claims the benefit of the act holding part of a furvey, the commilfioners íhould _ report the value of the land held by h u</p> <p>An occupant holding by bond for a convey.* anee from the patentee's with in the provifions of the ftatute-</p> <p>If two occu, pants join in dej fence of the e+ jectment, yet the report of the commillu oners ihouH ÍUte the fepa-; rate value of the . rejpectwa parcels held by each.</p>

<p>The failure of a complain.* a«t to give fe« curity for cofts' before the calling of the fuit does not ofit-feíf fúrniíh a caufe for a continuance.</p> <p>The feller of land holds a lien on it for payment of the purchafe mow ney, unlefs the vendor takes a díftinct and in« dependent fe¿ curity. The taking of the vendee’s bond not fuch a £ex ewity.</p> <p>On a bill filed to fubject iaHd to the payment of the purcháfé ney, to decree the foie oí more Jand than will fatisfy the de~ ¿Band; is error. mo-</p>

<p>A flave con-Veyeo by a deed tit. rruft, that, the proceeds -fit bis hire fhall be applied to the maintenance of a petlon curing his lire, iheef-tu t held in/he flave by thp c*f-tui que vjt is lubjrct to ex.e-cul onand nit the annua) hite.</p> <p>Cle-¾ nor au thoiiled io ad. mit a deed to record upon i he proof . of one •witnefs only.</p> <p>Such deed can. :nor be given n evidence upon the clerk’s cer tificate,t>ut ex ecu'ion of the deed muft be proved*</p>

<p>Upon traverfe of an inquifi-tionof forcible entry and de. tainer, if the fteurüy executes the bond it is fufHcient altho’ notexecuted by the principal— Accord. Hard.</p>

<p>A warrant for military lervice under the pm clamatton of 1763, upon which a furvey e.xe" to the »a of 1775, could <¿tlfbr*1 oth« warrants, nor entitle the hal. additionalwtr* yant*.</p> <p>íuámmf gaily ifíued, gavena found», founded on them ait vAi, *s to rtrdiWB at conflicting claimants, & *s</p> <p>tothe common* wealth</p> <p>Ah illegal 8c •void cannot annul a claim which is legal and valid.</p> <p>Obtaining new warrants 8s carrying ch^ra into gram,could not/'annul the original warrant nor deftr&jr the validity of the furvey made and confirmed by the act of 1779*</p> <p>If the court ftom'theVock-et for want of the order for oue^ipoff pr^ duction of the order ai the is p oper‘to re-inflate caufe the</p> <p>Intrefpafsa-gain ft feveia! detendant-s, the plainr.ff may proceed to trial as to one, or more, wíthoi t entering, a noU le projequi ai to the (Hienda; ts who have not been ferved with procefs & who have not appeared.</p> <p>If the court de. cide againft the evidence offered bv the defendant, and afterwards the plaintiff waive» his objection & the evidence is given,this cures the errors if one had been committed ⅛ the opinion of the court.</p> <p>The court may at any time during the term, fupply an omif-fio:n or defect in a bill of exceptions by ftatement. on the record.</p> <p>In trefpaf* ailault and battery, the plain, tff ought not to be permitted to give evidence. of his general charac-</p> <p>yide Woofo ruff ur Whit-thf-y, Kirb 6o — Thompson vtm Churchj X Root. Si**</p>

<p>Upon bond by deputy to the maríhal," in all bis official acta ings fo to act as to keep laid C clear, free, and indenpnifi-ed,” breach that he failed to return e*e^ cutions. is well affignel.</p> <p>Covenant or deron!fy againit a debt or duty al^a?? In'u'* keñ " without /»⅛ brought a-i52in(^th^c°-duty! But where thc cdon!ll"°nas Td" bt or duty which v^o suit ⅛ * breach of the ^aik-Tgi —V. Vmer, condition, (Z. a, 2 ) 173— Broughton's cafe V. Coke, 24,</p>

<p>By the fta. tute of 1802, the- defendant has.» ri/hc to amend his an. fwet before re* plication.</p> <p>The act of 1811, which dispenses with replication, changes the rule oí taking the aaftfcer as true where ihe*-© is no jepUcarion</p> <p>Bat does not take away the light ef the defendant to amend before ré* plication filed*</p> <p>Exhibits may be pr¡>.ed viva v u ->n the hear ing m chancery —Acc. Barnes vs. Leet vol. 528*</p>

<p>The act of 1796 concerning fheriffs, applies to Sc regtu latea the conduct & duties of jailers lefpccting debtors commit* ted to their cuftody.</p> <p>But the jailer has no au. thority by law to receive the amount of an execution for which the debt’* or is committed.</p> <p>A bond taken from the debt* or to the jailer, conditioned not to depart from the priíon rule» tc until he ftould fay and ^¡fr 'or plaintiff in the execution,'the anT0íJtlreof’ thetwife discharged by due courie of law, permitted by the fiatute, & ioid b°nd</p>

<p>The plea of ísreuants pera i»rme<1 and the plaint tiff is entit!ei with* ut any vidence on hi» pl,t’ un,efs the protesperfonttr anee,</p>

<p>The prifon rale* are confi dered in law,as án extenfion of the bounds oí the prifon</p> <p>The jailer may fuffer the debtor to have the liberty of the prifon rules, without taking bond and fecu rity from the priioner not to depart j and fo long as the prisoner keeps within the rules no action lies fainft the jail as for an ef-«ape.</p>

<p>, de^fitiontaken de bene ejji, proofof the wítnef» °toi*c-tend, fljould be made.</p> <p>witnefs*1 wario years old when ⅛⅛ depofition then^appéared infirm, is not Sufficient.</p> <p>party Wu-ten to his attorney that he tdtneivrd was dead,is not fuffi, dent.</p>

<p>ike of a prior equity, holds ject M^that^e”</p> <p>if there is a tween^the ge" ■urai</p> <p>tion and the particular boun. darles named ii) a deed, the former muifc yield to the lat«. ter.</p> <p>The deed defcribed the land as “binding on B's. cretkt containing one hundred and fir. ty acres, more or lefs, and , bounded as follows,” &c. one of the corners named, was on an iiland in the creek, ‘‘running thence to thebe* ginning •»» the line from the corner on the island, ihall be a jlraight line to the begin* níng, and not with the mean* ders of the creek.</p>

<p>Ifone Ie”di ^"¿entity* *1-repayment a “iorrgage on ⅜ ⅛⅞,’ t0 for the interdi °f tke “0Bff ncgr0> ⅜⅛⅛ greatly *xc<*.i ^ ¡s ’ufe¡(BS ‘j void,</p> <p>,!^'4 exhibits his b; ; ⅛ chancery t„ foreciofe the i, Sait* a i the bom»'r proves the ui ;- w» the is void in e<iu;. ty>as weu ;;⅜ at law, and the ahancfu“ .... the bin,</p>

<p>Tn covenant, fefr/L” to *an affirmative co-Tenant, año if. fue thereon, is not immaterial, but cured By verdict: - it tcen^bad demurrer. UP°n</p> <p>if executor or admimftrator ii«B0 for breach of covenant in li/etime of decedent.nojuog. is given againft the executor or adminiftrator— Vide ace. Sayer on Coils» 94 to 102, ch. XIIÍ —Ld. Raym. 1414» Porímañ vs Cañéis, C-Str. 6%z,E!wes*-ex'r vs Macaltt —Ld. Ráym** 865 — 6 Mod. 93 — Salk. 2og Jenkins ux vs Plume — 3 Bun. 3586, Hawes' ex'x vs Saunders^</p>

<p>A devife. flaf.es t0. hi| he/deáth to his nepti-ws, lf ®ne of ‘⅞16 in the^lfetimé of the -wife, hi» !eSfCJ.is not toPhls hehslmd teprefentatives.</p> <p>wh?^e ftat.ute the'right to'oni tenant in com-"lon.to demand m account of the t'ifits, is not c°™£ulS,iry uP»n demand^parti-ñon.</p> <p>éf T*Ha]¡f fUte does notrun°a-satmt en, tenant uniefs there hat fcwn an ixtml Ussier and ad-</p> <p>fioo of one te. nant in common is the pof-feffion o: the</p> <p>partition and an account, on be half of one te tenant. A court of chancery ⅜13® thdictlon with the -court of law. to compel _^ nantmcommon agamft cae <o.</p> <p>Slaves cannot be fold where a divi-llón cannot be made, but by allotting the [twice to one tora day, ora week, and to the other for a</p> <p>The account m behalf of one tenant in com - mon againft the cotenantforpet. sion of pro-the ftatute of limitations — & the court in the decree mould not go back for a greater period kan five years.</p>

<p>Verdict Juiijmcnt PIea “fpsyment !j°a*“ fij-nee ¾»⅛⅛ obligor, is not ofthc againft ai-⅛*101’-faad pendency of the a»am£ ol»‘</p> <p>tlia¡ be_ ing improperly a.war<,ed» *j“ Ind^'jud'gú^nc fet afide, and judgment order verdict— Sec acc. Brevard Graham, to^^’^/^T. ⅞⅛ voK 11265.</p>

<p>If the Iheriff take land in ex. ecution ' when the debtor had fufficient per fonal property, the iheriff is re fponfibie to the debtor, but the fale of the 'land is not void.</p> <p>So if the iheriff fails to advertife ac* cording to law.</p> <p>If, however, the fferiff da. dares he has not advertifed, and refutes to fell, and A indemnifies the iheriff and pur. chafes the land, the purchaie is covinous and fraudulent ; & may for the fraud and covin ¡‘ chancery,</p> <p>uP°n ejecV S'jdecd'undw which plaintitf may *>* f”STand covin,</p>

<p>under feat, may bring ejjkmpfit onthe or,£lnaI no's in evidence, or un<ier die</p> <p>jn he muft set ^rt'1 C0P--thJwife ’ ché count is bad.</p> <p>n0t' n't debt under the *atut® > but ueor¡gínal contract as at common law.</p>

<p>Th’t the note decía- ed on was given on a Cet-tlement of ac. counts, 8c that balance was produced by a ir.tftake, when in truth nothing was lue, is a good plea-</p> <p>The evidence to fuftain the jblea being fuf ficient, and the jury having found againft the plea, ver-diet and judg. ment fet ailde and new trial awarded.</p>

<p>If a plaintiff Hates no caufe of action in his declaration, & the judgment is againft him, he cannot maintain a writ of error.</p> <p>So if the plaintiff Hates a good caufe of action, the defendant pleads a fufficient bar, and the plain» tiff replies in. fufficiently,&c, judgment is rendered for a, ny caufe whatever for defen» dant — yet the plaintiff cannot fuftain a writ of error.</p> <p>Upon error the court ought to give judgment upoQ the whole record, and if it appear that the judgment of the court below ought not to have been for the appellant, he cannot main, tain his writ of error.</p> <p>A repleaoer is never award, ed in favor of him who comm'tted the firft fault in plead * íug — 'Accord. Guthrie •vs Wickiijfy ante 81</p>

<p>If the af-fut^oii.cHuy fuit agaipft ob-ligor as far ¿s prii'ient rr.aa would do in’, a cafe where he quired to give him recourfe ,n-' aii^hat’ ⅛* '*</p> <p>if be foes /" which. is returned »«/- ia ¡,ona) & thcn a ca. fa. upon and surcharged fur want of fea /°r coft*’ laches, uniefs the debtor had ¶*1 reach ofa fi fa.</p> <p>⅛ f»ch cafe *'nt.tf'nor himfelf the( o- »»» i>nbandi, if he charges the fecurity ⅛ colls uPon the gnee gUgcnct*</p>

<p>The law will an fit from y, á fecurity, to B entersin'toT^8 plevin i,0nd with A the principal, and is compelled to pay the money.</p>

<p>The chancel, lor has power to dismifs the complainant's bill, without prejudice, for gtoi's negli. gence in failing to prepare his fuir, without Aewing caufe for delay.</p> <p>Caufe de* 'pending four or five years, and when regularly called the com. plaiaaní obfti - natety refuies to proceed, the chancellor will id the exencife et his diferetion difmifs his bill*but without prejudice to his right to bring ft oew bill»</p>

<p>In trefpafs, a nance ti> take Ted upon ,¡K¡ only of feverai defendamsjinay gainft that defendant. .</p> <p>ltn,hcodn* tóMñMcmen» conducing to fwh»thhadhlnS notice) guilty, is no caufe for rejecting the denolluon as a-r.ainft the one who had notice,</p> <p>fufiSriT-deno* feioos "to ‘ be dnwnwhenthe juftice is not t«wards (worn to, ought not to he fancuon.</p> <p>if a depofi-is' written in the a ¿fence of lte ruJiice< an<1 crfí^áeamílet the witnefs and <3°eBnot_object ¡ts j,avmg beert previously pre-pared, the de-{^tlon may ⅛</p> <p>if the pUin-'h!lt ftf“ defendants are ju^tnennea, & ta property, the defendants may peiiantteftimo. ny to ihew the pontiff had owl” fimihr threats,</p>

<p>A feire facia s may be amend.» ed fo as to con. form to the in. ftmefinns ¿,'iven to the clerk, or may he amended by the former judgment*</p>

<p>An applies• ⅜10".£" fet0® is addrefied to and under the cir-cu.mfta"“8 f this cafe refst-ed.</p>

<p>in ejectment, wher« the tm-wevor’s report 13 fubiiantiveevi-dtr.ee, the de-^*10 fhouldhavemi-tree of the time ot racing it: a fence of a de-Jendant will not ex<:ui^t.i1.ei>,*r" g*e notice,</p> <p>Notice that the Party 0f land which he claim, ed’” be ca,“ot proceed under ⅛ to make a connection of °cbeI , ⅛',78 boundaries of his.</p> <p>n^oTTines or comers of ano-made jnt-rrMtet0* vidence to Prave bounda-pn"</p> <p>a deed ae-knowiedged be and certified* fufficlent authentication to admit it to record here.</p> <p>Deed to two perfons, and to thefurvivo r of them,his heirs & ajjigns, conveys an eftate for life, and a contingent remain • der in fee to the furvivor, & neither can during the life of the other, convey more than a moiety for life.</p> <p>The death of a party out of the limits of the commonwealth may be proved by futathn among his relations & acquaintances*</p>

<p>A note drawn payable and ne. Ihe Kentucky in-furance Coni-in"blank "ten;? aiiy di (counted at that bank, bydtheSpae.nteU¡3 notextbifc-uilb edthereby, and maintain" debt oh tbeüote.</p> <p>& blank en. an'atuiruiity to any hqW« to f“Peticribe *“</p> <p>endorfemenc U fp filled ^up,^a maintained by the payee; af-"n ⅛ 0f the payee t or entlorfcr'</p> <p>plea to ⅜⅛ o«l mote not under</p>

<p>It is too late to except to an fwer after the caufe is opened upon the final hearing.</p> <p>A court of equity will not decree in favor of one claiming a part of the land for his for-vices as locator againft a fur chafer for valu. able coafidera* tion, after 20 years, and 16 years actual pofTVfiion by the purchafer, un. lefs the delay is accounted for.</p>

<p>On bond giv# en by the uiu dertaker for the building of ft bridge, plaintiff muil aver for the ufe of what county the bond was taken»</p> <p>The bond to the governor» without fpeci-fying who ⅛ governor, U good.</p>

<p>An »gent it a. competent hij11»*encPt°Te An agent ere-ated by _ letter, m>1Ch be* 'in’ troduced to prove its con-</p> <p>to fella Have va. lid, although</p> <p>is not effer-tiai to pafs the proper, tyinalUve.,</p>

<p>If a writ is faed out before declaration filed, the plaintiff cannot take judgment by default at the return term.</p>

<p>If per fon 8 are married by a ministert that the licenfe was obtained from an improper county, does not make the mar. riage void»</p> <p>If a married woman foe as a feme foie for a fiave of which ihe was pofifef. fed before marriage, it is not necefTary to plead the marriage in abate* meat j it is a bar to the ac. tton and to her right to recover. •</p>

<p>If obligee ^covenants not to fue the obit* gor, it 2s a re* leafe.</p> <p>But a cove* nanc not to fue one of two joint obligors, would not be a releafe.</p> <p>A covenant not to fiie one of two obligors until the other had failed, does not bind the obligee to pro-fecute the other obligor to infot* vency*</p>

<p>Equity will grant relief a-gainft a judg-inent at law for money Won at gammg, where was by default,</p> <p>If the defence the party neglects to defend, equi. lieve'11 ""</p> <p>where the courts of law and of equity have concurrent jurisdiction, there the chancellor uotwithftand-ing the defence might have been nsade at ⅜.</p>

<p>A town lot, tke legal title to which is in the truftees of che town, is not liable to be fold by execution a. gainft the debtor, who.has an equitable title.</p> <p>That the debtor held ⅛ by deed from one who had himfelf but an equitable title does not talter the cafe.</p> <p>And a bill in equity will not lie on behalf ct the purchafer at jhcrifF’s fale to completé the title — Accord. JiuSoid’vs. Ha-jordi v(»l* T, 305 — Allen •vs. ¿tínaen. vol. 2, 94— Tbi-mas vs. Ma>¡ball) Hard ⅜1.</p>

<p>Accounts claimed as fets-off, which appear in evidence to be founded on a gaming confiaeration, are not grounds for relief in e-5ui*íy-</p>

<p>If plaintiff in error coram vo-bis, alTign errors in fact and in law, defendant may demur for duplicity.</p> <p>But if be does not, and the court award judgment a# gainft the plain, tiff, that judgment will be affirmed, onac¿ count of che duplicity.</p> <p>On affirmance damages given only upon the damages in the court below»</p>

<p>If attachment bond u for lefs éhan double the fum demanded, the attachment Is Illegal*</p>

<p>_ , few® agaiaft * judgment at ofe ¡aka" at® ¿mfdio ⅛⅝and wfeete &ar.,stgiuy will lafieue — &cc. ⅛"|⅝ txr'~</p> <p>Bocudo»bin feí.iT™5 *? anee».-which judgment waa ««ained, ^ the balance due complainant^ jyf0 far as to injoin the judg. ment at Uw’</p>

<p>A borld gw-c°t^ the obligee wou,d permit themfelves as ftee perfons, Vpita that the bond was gwen for í* h.,re in “niideration of ted the flavea *“8° * contrar^to the ftatute.doe* not ihew an ⅛</p>

<p>If the inqaeft taken by an officer finds the property to belong to the debtor, chat in. quell discharges the officer from all liability for felling the pro perty although it be tke property ofaftranger.</p> <p>A confiable is within the pro-vifions of this ftatute-</p>

<p>Upon a wA ofenortoj^g. tiff cannot af-⅝™ «rors _ in judgment.6l"</p> <p>There need Jot beb*ftee" ⅞⅛ aniretum of fd. fa. ⅛ K“tucakf‘</p> <p>a judgment at return terra, it "nuR appear by that the fervice was ten days bpfore the re*</p> <p>raent again* tives of the de-«afed may be of^he^ftatute for partition of j»int rights and /ri^'^againft the repr®fenta-tive of the de eonectaI°Be *$</p>

<p>Judgment be» ing entered a-gainft the defendants on demurrers to pleas, the cpurt will not at a fubfequcnt term permit them to -file other pleas</p> <p>Notice of the non acceptance ofab',11 required to be given to a party in order to charge him, he will be diicharged from any liability un. lefs it be given in'a reafonable time.</p> <p>Bond giyen by an endorfer of a bill for the amount after he is viif-charged of ' his liability, /nay be avoided . by . plea impeaching thé, ^onfi-deration.</p> <p>. tKat a bcmcFwas given for a‘good «rvaiaabie con fitiént without detailing the foots.</p> <p>¡mfPfom'times ⅛⅛the negative,</p>

<p>The copy of an enrolled deed, cord upon”the aámtuledgment of the grantor, duced as'^vl" dence againft him by aftran-</p> <p>for taking i?6 bu fl*eIs ot_ f°rn> byhis pleafadí mltting “ he took the com in the declare, tion mentioned,” it is unne. ceffary to prove the quantity.</p>

<p>In ejeflrr.ent ⅛ thattheTe-nant entered on the land under permitted to de. fend ibeatlioD.</p> <p>The tenant fbunTguiitpof a forcible de. the*er landfori* cannot affeft the right of the himfelf^defeT data. *</p>

<p>AfTumpfit for 50 dollars in trade, averment of demand at defendant** u-fual place of re* fidencej&c. and proof of a demand at the. de* feudal ;fs y?¿//-boufe after darkf infufficient to enable the plain tiff to recover,</p>

<p>Witneffes in. troducedtodif-yroving^'that their general tbaraiier isiad, í?e»íi,Úrfepat' mitted to aik arto their char-veracity?01***</p>

<p>a temporary abfence of a the ta°ke of the ftatute of limitations-</p> <p>Agreement debtor that a fettlemenc made by the creditor and a third perfon ihould be examined by either party, will not take a cafe out pf the ftatute.</p>

<p>A bill in equity win not lie to recover £he counterfeit banknote.</p>

<p>Trefpafs ^for anícarrying away a quantity of corn, plea ** that thfi com was taken at the property of one M. by a confiable under execution and fold to the de« fendant,** is de» fe&iv& in not averring that the corn wat the property of M,</p>

<p>An application to a court of equity to coerce a fpecmc execution of a contraít refuf-prefenwdacafe which is wired' finable,hard and tmanfiimtnus.</p>

<p>M holding a apnd for iooo acresj to be taken at his election out of 5000 acres, and having, his eleibon put the bond into the hands nf C to receive a,conveyance — this did not au* fchorife C to make a. new e-ie £lion.</p> <p>One who pur-chales with no. equity takes fubjeit to that equity*.</p> <p>A p^chafefwiA notice,</p>

<p>K fold a pre. whofoid top • for thepurchafe money P - gave on bd°ifcovenng that K. had ano. ther^entry for t e ame laud> K pafled his o-bligation Co P to aflign chat claim alio — -the pre-emption was conveyed to P, and hia bond for the purchafe waa affigned to K — - chat K had never alliance the other claim, ia no caufe fof withholding payment,as net. ther K nor any one under him had let up any claim under the entry not af-flgned, and ef* pectally as it appears that en« try has become derelict forwant of a iurvey within the time preferibed by</p> <p>The judgment of eviction in a cafe to which K waa not a party and of which he had no notice, is.not evidence againit K that P waa evicted by title paramount to that derived from K.</p> <p>Much lefs if the eviction was by an award under a fubmifllon to ar bitraliun made by P without the knowledge or content of R.</p> <p>Payments made are Cub-jefts of equitable jufifuirSioTt, and where thefe payments con-fift of -various fums at different times, con lenience requires that they be referred to a commifiionei to adjúft & report the balancease</p>

<p>Wfao ÓUgtlt to be parties to a bill in equity for fpécifíc ecuiion— Vide voL it Crittttim den's adm'r. vs* Craig, 474— Barry vs Rogers 314— heirs vs Strode, a75_vol. Jobrfcn vs Ran* kirtyl%$ — Cratg vs Machir, 15 ■— Thomas vs* Bujh, 596*</p>

<p>PoiTeflion of a chattel autho-rifes the pofl'ef-for to defend the poflefli m a, gainft all but the right owner, or maintain .an a&ion for an injury done to kis poffeffion*</p> <p>ell« fua!ly loft anj come to the a* nother by fin4-ing or 0I;hcr lawful means, ⅛ firmer P°i-¿.¿⅛⅛’trover again» the lat-"</p>

<p>A devifes lands to B upon con. dicion he pays .half the value to his executors as a fund for payment of debts — A takes poíTeflion and fells the land— he is liable to the executors for halt the value, and the ex. ecutors may fet off that demand againft credits claimed in equity by A, a-gainft judgment obtained by the executors a-gainft him for other demands.</p> <p>It is not ab-’ folutely necef. fary that the o liginal and the crofs bill (hould be heard together or at the fame time.</p>

<p>If a plea pro* fefiesto anfwer the whole declaration, but aniwers only a part, the plea is bad and the plaintiff may demur.</p> <p>If the plea profeffes to an*’ fwer a part only of the county Sc anfwers that party or the •wbohy the pl’ff cannot demur.</p> <p>If the plea anfwers a part or.lyof 'hevount the pl’ff. ihould join ¡flue on rhe plea and take judgment by nit d'iclt for the re-fid ue of the ac, tion not anfwer. ved.</p> <p>Where the covenants on the part of rhe defendant are to be 'performed concur rtntly\N íth or Jubjequeñí to the covenants on the part frf the plaintiff,ths plaintiff muff ame or readi-nefs to perform °n</p> <p>flea to deny the per-formanceonthe Kadníiffikle1^</p>

<p>The affiga-mentof a chofe jn ai*,°nnotl>y doTs "nevenhe-lefs transfer an a“thor,tyuie affignu™⅛ the eaerdfe of J‘.llcourt tea £he fignee.</p> <p>lnd afterwards forbid th$ e«. and when had iíTued o dered \t to I returned,wiw upon the det'ei dant broughte ror coram vob and upon th matter beii ihewn it w determined th after the affig raent C was oly nominal pi’ and had no at thority to forb the proceedin,</p> <p>The aflign-judgment car-ríes along with It the damages lution of an in-junñion & up</p> <p>dant had paid the whole judg. n epre «o-tice of the af-he fignment, “'S-^he je-¡¡uér,la-, orTf he had fo paid a fart, by bill in neither cafe is a writ of error coram vola the proper remedy;</p>

<p>Upon a pint and Jeveralob-ligation, if the plaintiff brings a joint a£tk>a he cannot take judgment at one term againft one obligor, 8s at another term againft the other obligor*</p>

<p>On an obligation to pay in vlrhiikey at is. 3d per gallon, no other evi dence is necef iary as to the value of the whiskey.</p> <p>The failure to give fecarity for coils before the calling of a fuit, is not per je cauteof continuance for the adverfary.</p> <p>After jury is fworn it is too late to obje& to the fufficiency of the bond for softs.</p>

<p>la eje&menfc if the demife ia laid before the title of the lef-for of the prff. accrues, the plaintiff mu ft have judgment againft him as in cafe of a non* fuic.</p>

<p>Specific e*e-traft”°refuftd* becaufe it up’ peaied the com-tamed pofi'effi™ ofthebund con. ditionaily, fail • thecondition^!: vloiated his pro mite to return</p> <p>fion taken under fuch cir-«¿⅛* ⅛⅛S the puffeffor fluii not be ai. lowed isr un. made""^5 the land.</p> <p>The compiai. riant in a bill fur fpecificeaecuti. on, claimed <⅛-mands (which were properly cognizable at law) to be kt purcWe'^imT ney, but failing to Aew himfeif cific execution" ke CfeaiiU not have a decree for thofe de. raands, but mu ft feek his remedy at law.</p> <p>if the court is equally divi, ded and never-thelefs a decree is encered» which decree is corredf, the «m-propriety in en. terieg a decree when the court were div'oed, ca-'fKic be af-figned for error*</p> <p>Errors are to be sdigned in the body of the decree, not in the rearning of the court to form the decree.</p>

<p>Where to pay part of the purchafe, tendee had de-dated* themSelves willing ¿ontraa'L the representatives of the vendor Jiad fold the the vendee is entitled tohave fc?ndthea°gree’ ment, and to recover back inepartmofPthe purchafe.</p> <p>_ Under fuch the vendorftiaii not have the penaltyinwhich reciprocanyVCre bound for faith ful performance haS ⅛</p> <p>ed property at a price agreed, in that pfice^ith interdi from the delivery is <mmpenfation°^ on refeinding the contrail,</p> <p>trator ts not'tó pay cotta out of his own eftate, tute^of Venl tucky, hut out of the affets</p> <p>decree affirmed in part an¿ tevc,fea ⅛ part, each party t0Pay h,s owa colts»</p>

<p>a general furmife oí de-ing ⅛ what ref. pect, is insuffi-c'ent t0 ‘"¿ol,n money.</p> <p>Payment t® °ne of th® bankrupt would he good,</p> <p>A note fignee upon the falo of the e[y him endorfed over is a valid</p> <p>re-fufe payment on the ground that the note belonged to the creditors, or the otHec af fignees.</p> <p>Nor is it pro. per in fuch cafe to entertain a Viil for inter, pleader to afcer. tain to whom the money &ould be paid.</p>

<p>A court of c, quity will takes jurifdiction of a caufe for the purpose of com, pelling a difeo-very, & where difeovery is made will retain the caufe and grant relief.</p> <p>But if the facts to which discovery Is asked, are denied by the an-iwer, the court ought not to retain the caufe and hear depo-fitions to dis. prove the answer. — Accord Lemon vs Cher. ry, vol. I, 253 —Cave vs. Lr& buefiQU 2) 444.</p>

<p>In ejectment if plaint^ii de~ ¿lares upon a demife for the whole tract in feveralty, lie may recover according to the intereft of the leiTor an undivided part.</p> <p>If the de-jnife is laid from two heirs and it appears that there were three, yet the plaintiff (hall recover an undivided intereft of two thirds.</p>

<p>A^ne«r t*i granted°on°the ground that the ve¡f„¿Cjv¡1d,enc*” ¡t\s pably to.</p> <p>to, defendant’» fereant & came °/ prima facUvtu dence of the of^e for msfter, Lg tbe plaintiff knew the maf-t0 buy on credit-</p>

<p>Thb caufe was decided at fall term, 1813 — Upon petition for reheirixSgJ tlfe dtcifioñ was iufpenoed until this term.</p> <p>Éjeftment— Separare de-fence is maje by tenants and feparate jud¿. me .ts r^noered —notice given by one that be will move the court to qu ih the habtrt;j acias fofijionefíif i« regular.</p> <p>Length of notice to depend u^on the ci r tíamftances oí each cafe — the grounds of the motion being founded on the recT-i, one day furiiuent.</p> <p>Irregular io iíTue a joint Za-fare facias pof fejjicnem on le parate judgments: i'ouhere one judgment was rendered a • gairft one de fendant m¿re than a year pri- or to the wri , . exetui ⅛- n cannot ;ííue w¡ h. out fcire facias.</p> <p>Writ oí p -l\ feliion Wnich has been executed, being avoided, a writ of rejiitut'wn fiiould go.</p> <p>Order fitting afide one ap pointing com-miflioners does not affe£t a judgment founded on their report.</p> <p>JBdg<*ientfet-commiifioners, and iua*>ng.an not be joined in an “PP'»1*</p>

<p>A bond to <( make an in-deicafible , title in fee fimple, fuch as the ft*te fiK.ke:-,1’ demands a deed wfirh general wanar-tjr. ,</p> <p>Every obli-Ration nectgarily imfnes that a valuable confederation was given &>r it, al* though not fo expiefled in the obligation,</p> <p>The operation of general cxprejjhns in art obligation cannot be'repelled by parbl evidence or what was the under-ftanding bf the parties. \</p> <p>Upon a» ob-ligación fo make an indefeallole title, the co\jrt will not compel the vendee to accept a title which is doubu ful.</p> <p>Upon bill for fpecific perfor fiance, if the vendor’s title to a part of the land fold is doubtful, the court cannot compel the ven. dor to make good, that part by a conveyance of land out of the fame fur. vey to which he &as «n undifpu • ted title, but will give á com . peniation Iri mo ney for the part of the land to which the ven dor’s title is doubtful.</p> <p>In fuch £afe the vendor hav4 ing a<Sed in goedfattbin the fsle, the mea-faieof compen* íilion is the price given by the obligee with mtereft,not the prefent value of the land.</p> <p>Decree re verfed in part and affirmed in part, each parly to pay his own coás.</p>

<p>A motion a-gainft a delinquent collector of the county levy ihould be in the name of the county, and not the common» wealth.</p> <p>Perfon who was a creditor of the county when the levy was laid may fuftain a motion but not a fubfe* quent creditor*</p>

<p>Damages laid inthewrit 1000 dollars, in the declaration too dollars, verdift for 120 dollars; the damages laid in the writ Sufficient to co* ver the verdid; the variance is cured by the ftatute of jeo-fails*</p>

<p>Contraa for chafe of a trafl of land refcind. vendorIcnew^t was covered by two adverfe patents and^did notdifclofe the fail.</p>

<p>A trafl: of aaca acres of 3aiDidentered(by a nonrefUent) •*mh> the audi-1as* for taxation ¡and tranfroitted ⅛> th.2 regiftcr «v » trail of a 17,6- acres and 1'ííd‘„ upon proof t&a* the nonre ífüient nor any «j&ec per ion of ¾⅛. name had sury land lifted ifit kid trad, libe variance lastd' immaterial ;a?Bd! coniidercd as the fame</p> <p>The fale and deed of the re gifter, when le. gaííy made, pa&s to the ptirchafer the ]o;4t title.</p> <p>His «deed ¿hould betafcm as prima fam evidence that the requisitions of the law haá been fulfilled» but proof t&afc the law had sol: been regularity 4 purfued In making the fafe» is admiífible m the trial of am ejedlment.</p> <p>The ftatrtf» intends tin* there fhould ¡te three monr&a betweenthefiiffi: publication an& the day of fa⅛⅛ and the public printer is a com petent wicnafe to prove tha£ fuch publication was && made*</p>

<p>B covenantt to pay L at the «teio/penoo *¿urTj¡[ách thereofaslhoul-i thereafter be ¡ndifputable* t°i-tie ; the price not.to b« Paii JJ,ould bee,eg‘al_ ly and indifpu-tabh af“galj"" to take upon him. the tr°ui>1® jnveft¡gkt¡ng is fettling the ti.</p> <p>dllty of the ob, ligir immedi. ®tely “fixation 'of the title.</p> <p>‘ ^hne'fT cifled,'«d the covenant is traniitory or lo-the concurrence of the obligee, formed without his concurrence, the rule to performance,</p> <p>That R had the'title*'prior</p> <p>to May 1809, (a day poftenor tíon'ofthewric) U furplufage & harmlefs.</p> <p>If he had edmmenced the Snveftigation in due time, and titoe iufficient to complete it had notelapfed, it was incum-ftew it by plea.</p> <p>The breach affigned that B had not invefti. gated the title, is iufficient.</p> <p>When an af-lignment of breach in the words of the ficlent — *wheif nos</p> <p>An averment ed^to ^invefti” gate the title, gives the obli¿ gee the fame right to recover the price to the extent, as if B had performed his covenant to inveftigate the title.</p> <p>Breach that B had not paid at the rate of io/. per ioo a« eres, is infuffi, cient, without *n averment that I/s title to the land, or fome part there» of, would have been found in« difputable, if B had performed his covenant to inveftigate it*</p> <p>If z breaches are afiigned and the defendant pleads to the *whole action, ⅝ plea which is good as to the one breach, but not as to the other, the pl’ff may demur.</p>

<p>Theendorfe. mentofan «. 3</p> <p>Anexecution for damages on notiffueagsmil <W*t{C cStfes inSi re. pievira bond, when they were thefuit^rfchan eery in which 'bt' wm'</p> <p>Ani anexe, xutkKt on the ⅞⅞0⅛'1211 the obligors, endor. ^btr ed *b the fitm^expréíTe! in the condition znd by the da. mages & cods of the injunc-tkn, is errone. oes *, th's prifion, amend* able by the ⅞⅜⅛ cafes of ciericai re fpri. fi.n the coa t are iwund to mend.</p> <p>if one oí fe. ment and before execution,ajei. execution a. tbe fur-</p> <p>execut tion in fuch cafe</p> <p>¾3⅛11 cut fuggeflion of thedeatfe of not take advan. ta8e oi *£*</p>

<p>If defendant ¾ an execution foes error coram mbu agamft fignffo’f «ror «that plaintiff «at dead when ed*C,Uwhéréup-on the writ of ed^&the^ud*1' méntCaffirmed upon appeal, becaufe the^wric ed'againft the deceafed & not a8eifeft tive '& ihereafterVano-ther execution fendant^brin^ error «raw to. b¡¡ againft the adm’r ofthede^ ceafed, he cannot affign the fame errors for.</p> <p>rter affirmance allowed as to errors before af. signed, and as to the execution 3n the name of iffued after^f* Srmanee, the hffignment etror allowed.</p>

<p>If a contradi is made when the dollar is at and after-wards it is en*-hanced 10.6/, & the obligor and obligee when payment is due diipute whether payment fhall be made in doU lars at 5/9 or at 6/, but finally the obligor executes his bond for the fum pro-, duced bycharg-ing the difference between dollars at 5/9 and 6/, believing he was bound to pay in dollars at <^9, he fhall be re.</p>

<p>Ifthe vendor ley ¡Hs'uncon" fcientious in him to enforce money until he » able to con-Jn^inabfiityis good ground for the vendee to apply to chan-the vendor from er.forcing pay-</p> <p>tion is granted for that until the party being unable at the filing of the bill to convey, procures the ti-tie, the injunc-dSbivetTwitT cut damage*} Sc the vendor the cofts at ilw</p> <p>Nau — Each patty was de. creed to pay his chancery by the court below,</p>

<p>sheriff hav-⅛ feifed pro. return dáyof the execution, may proceed to fell after the return day*</p> <p>A venditioni exponas gives no new authority to the Ihe-riff, but is to compel him to do that which he w»s before authorifed to do.</p>

<p>Iffue “> th« 0 the defendant’» couqfel Jar the right to open & conclude the caufe before the jury on the trial, whether he fupports the plea by evidence or not«</p>

<p>If one recovers judgment by fraud and oppreffion, an action at law will not lie to make him refund j but the remedy H by motion to this court below, or by a bill in equity, fora new trial%</p> <p>Counts for ion and in cm. johttd^irf th¿ fame declara-tlon, and the ted by the fta-yute of jeofails.'</p>

<p>A iter verdict a party proves that one of the jurors before the trial had observed his miná was made up a-gainft him, and makes affidavit 'he knew no«* thing of the fail before the trials this is caufe for a new trial.</p>

<p>W by hia will gave power „ to his «ecu-tors to sell or exchange^ his they might judge neceffary for the aiW<m-tste.” This is a naked fmuer not coupled ,and on” «ecu! tor has not pow. í eftate •" out the concurrence of the o. thers, although he alone quail - fied.</p> <p>The íhtute íLs toa 4fe onhis kind ; but on-1» to cales where Tales are directed pefi, tiveiy and un-thedteftatorliby</p> <p>As the fale hy the one executor did not tie! the remedy of the heirs is cham'er»1'1* *”</p> <p>The'fettle. mentof an ex. ecutor s ac. county court is fnmafade evi. rectnefsfltin ” controverfy with the heirs, Scfto Z fettlement may by fuit in chan, eery jurebarge and falsify the accounts fb fet# tied.</p> <p>In fuch cafe the bill fhould fpecify the itema to be furcharged or falsified.</p>

<p>Pemberton *árds/°-3 of* tract of ¿nd ; purchafe wards ixchang. th'3 tra<* mill inftone had purchaftd had^ortgaged it to Short ftt íbe purchafe money, «Edi-wards a¡fo exe^ cuted a mort-|a£et0 Inftone for^paymenTof a fum of money to Ed-ftone,oyer and above fhe'Pr?exchange*.” W “ntracted to</p> <p>Edwards, to >nduce Pember-t0 Pemberton a bond °n B, fti-th^boB^was íibtp*¡i, Pern-liatón _ frooM and Edwards &ouW convey Ed* wards had put* chafed of ⅛en^Pembertoii conveyed to in. ftone, who coa. Kirn* t0 The bond’ not bejjig paid, afnd id-abfc to 'convey the ml» pur-diafe* “i ⅛ mortgage to in. Aone, ^and of gage ”0* Pemberton fold,, Voorhies^now infiffa that he hud* ''fold”** Pemberton ⅛ Edwarda for 'payment ofttie pure ae mo.</p> <p>Refoiv«d,thae nk^no'fceuri0 tv for tfe pur. chafe money, ⅛= landed for the paymmt.</p> <p>That purchaf. of* ⅛⅛1 e”uita* bie lien take the land fubject to</p> <p>In ! who had mt *“<« *>«» ⅛⅛ * lien ⅛ ¿anda qf ““■ *</p>

<p>againlt a AerRF for a falfe re. tum on an ex. ecution, the clerk may be introduced to prove wrhen it to^the Iheri'ff) and that the entry on the. of Tim” of iivery had been notte ⅛ & time.</p> <p>The defen. m the ex. petenuT prove he had proper, *ty Sufficient to cution/ Then in the</p> <p>, , ment of the (heriff when an sontradicted.</p> <p>. 4 j“dgme*t rfff bar further proceeding» on the</p> <p>of the execution «not the mea» í?’* ,vam*' Se5> ouc rn“ac* damage ^“thined to be eircumftance* each</p>

<p>An éndorfe. «entonan ob. at^he" tfccu! tion thereof & figned by the contract — Ham-us. Hand.</p> <p>pal and the ob. ligee cannot by fubsequentiy6"1 made without the content of •hang* the "emu tract to his uintent.</p>

<p>A blank paper fealed and delivered can* not become á deed by having obligation afterl wards overwrit-</p> <p>t 1 that "the* paper was blank when f“'J is not fufficient.</p> <p>Whether the paper was^W the obligation was written, is takes° 'efféñ from delivery.</p> <p>c,'“la." ¡snothisdeed',’ ees not make jta plea of ge- ^ neral ja&um.</p> <p>The return of (he fteriff tb^mjomc’ob-Iigor, does not auiborifea judg the*11 ligor, out farther pro. defendant not found.</p>

<p>Covenant lies' on the condition of an obligation</p> <p>On obligation `to pay Jock, reiffs aoJbal( be found due, iii -cafe the obligor be caft in an in. junaion,' in covenant it is not nnceffary to aver that any rents had been round due, nor to aver the yalue of the rents due ; but they are to be afeertained and found in dama,~ ges in the ac-titus of covenant.</p>

<p>An equitable ir.tereft in land cannot be i'old under execu-</p> <p>Upon an ex • change of land it is no objection to a fpeci-ftc execution that one of the parties has become infolvent, if the court decree a conveyance from the infolvent, with , , »foivencperfan a& fecuritv ⅛;</p> <p>tonfideiSf ,«ís%of efleme ,⅛ a contraít, and equity Wifi ft ípsci-ftcexecution at'■ iter the time fti. l«n'fufcred m «lapfe vrithout jjerformance or ca per-»l%. vmlefs thert has been eulpable ncgii-geuce oi wiituf delay on the partofhimwho ais» perform-</p> <p>each party tad been * pur Su«.poireffi.on, “* tlme «ifhoue* , eon-«janee made Ssdafobjeaion **’</p> <p>Although the complain&nr k?ekmg %2c¡ffc, execution, had fche íegat ⅛1⅛⅛⅜ C> as priora* on his - gftit at the fí. Üng of the. bill* • jfet ⅛ fcte fcefore'th&de* rree fe k &&. «snr.</p> <p>.• If {imparty F* autassfiifedr i'or ,felcind cni •-‘ — ~— fers by letter ¾ price, the pro-* perfry being ex* pot'ed to faie’no other perfoti bids as rnucb^ and the proper-» ty is afterwards conveyed according to the offer by letter, the property may b# Í2Íd to be iold at auc. tion, and direg* tion of a tefta, tor to have his property fold at auétion is Tub* fiantially com* plied with.</p> <p>A feme exe. cutrix may ex. ecute an autho* rity without her husband, &her deed as erecu* trix for land devifed to be fold is valid» although file i* not privily exa. mined.</p>

<p>Record of an-«“her ftate, at-b.y tbe fell of the court aaneied toge-tl>er wlth the ^ »e ⅛ <⅛⅛ form, ftates h!ra judge “ that fresidii, ( and “!f °f tbe)u4¿‘*' of the jupenar courts of lam. of faid ¡tale." himfelf ⅛,⅛ <• the fa-nor judge of the</p> <p>Auchentica-do» luflU&i aVTvi dsott.</p> <p>The laws of fjfter Gates are jnarters of »a£t, of which proof snuftbe made,</p>

<p>Covenant to commence buii, ding a barn by a certain time, covenantor will be excused fiotá an action ir ny the act of the covenantee^ be has been pre vented from performing the work; butun. lefs he was preVented by obli-gee, he (houid have tommer.c cd the work in time, and not the'"a^or*the *b¡igeéinrefu-fing to permit legin0AeSwork after the day appointed, ia fer the ob” or' '••• . *</p>

<p>_ in apppint-ing commit .Boner* under tjie occupying claimant ¡aw, refer to the law.</p> <p>Order ap-po.'"ting com-,fcer£ain the value of ½. «⅛ ⅛⅝⅞⅜”1 C°</p>

<p>Feiry cannot be eftabliihsd «crafi the Ohio within leía chan one mile ahu.ve or below any other ferry, un-leis in particu • lar caies,</p> <p>• It devolves on the jjerfon objecting, to fhew that the», is a ferry within lc«s ih¿ii a mils.</p> <p>The deed of the per fon ob jetting cannot ho introduced as evidence to prove the distance between the two fr-rries</p> <p>Dt-tfd hearing «J.ve- fubftqnent to the order es. nbUÜúng the ferry not con-clufber chat the land referred to in the order is included in it.</p>

<p>A (her¡ffmay ate he has committed to loner arreftet under a ca fa. « frijón rula, re. ceiw the money Játi¡J¡i"{he^ete-cutiJn and dis charge the pri-⅛““*</p>

<p>Suit ⅛ chan. canm>t be mi. vedin hename of “ hi* original bill,</p>

<p>Aftion of af. nev had and re. ceived, laid out and expended, money, but pro pe.-tv has been ' — ride vs Naffer, i Ld Ray. 1007 "MKime vol i, jgj.-V’V°'</p>

<p>Aflumpfit ⅛ part of the price of a negro, de, fendant pleads general iffue, 8s urges as a de-fence. that a fraud was committed in the fale; a general hl"a fraud and render the contra^ 70ld*</p>

<p>Upon a bill for a partition of ianj!> it is the^cree ft mid exprefs tf,ailf rte °ne '⅞0°⅞6']⅛ any part of the alln“ed to ^ adveifaryciaira, thai thentheo. reconvé^fpró-portional <¡uan-as to tition equ'n””</p> <p>Suchadecree tl)e found», furtition, if one “artcv^.d °f ⅛⅛.°nt. *S 3 "</p> <p>If’ the one iuedtl^ cau(-e t0 rcftr_ the award a"d de* court thereon, is evidence only of the fea of eviftion, but íuperior ti-tie.</p> <p>fon6*1''evifléd na (hew that le was by a fu-periorntb. the north fide of th; north tork of Eiknom, a<r lands of Wii. liam Ruffell & Vaughn — the surveys ot Ruffell and of Vaughn being notorious at the neareit ftanon are good loca tive defcrip,</p> <p>fur-veys being adjoining the one to the o pendant entry is to oe furvey. nm ^ at^the point where R and V join, tffhnces affng eachfurrey to form the bale ot a square area, thence at right angles tor quan tity</p>

<p>Entry ** loop acres, between Harrodsburg & Cane run, forks”Sof paththat leads from few town Hogim?’5 ^</p> <p>■j wo forks were known* one only the other about half way be-Canenru"nan<i</p> <p>The entry to lie at the moil because other.’ ⅜⅛ it would include a part of etf6for^he'town and its inhabitants, &c.</p> <p>in aiquaremthe cardinal points, the fork of the terfoction* 'of the diagonals.</p>

<p>An entry' «eght to be viewed mall its pasts as one en. tire mihament, a ad thereby to give to each exprefiion its prayer bearing, aad to each Tome Operation,</p> <p>Entry ee on the wafers of she Seech, fork about half 3 uaile a north efterfe from a Salt Lick on the Hunteri* trace, about j<) _ si>org,m indude á fcnall wr^ro'&évteiit and, a tree marked ¾5. M, near a 1⅛1⅜5 ha.'ixl trace leading ti> Plea fant, ron’*■ •'</p> <p>The courfc. Sc distance . irom Jhe lick, 'aken as hc-ati-ve 5 not as general ties criptiononly.</p> <p>The futvev to be taadc, m-«'“ding theiw prcuancnt and * and alfo tht point halt» wile north r>f the lick ; the survey angles, biteaed J mUep6mt tod» ¡mpiovementa ⅛</p>

<p>. E1tr5r deft.c-' tion and poling unrea, Sonable . dilj“ ®™ceo ,n*a,'!</p>

<p>Reafonable diligence of in. <luiry.</p>

<p>Certificates of fettle/nent, & entries, were aifignable by the fpirit of the ttt of X779.</p> <p>B signed his claim to h, an aduir>. B ¡¡'^e foi ing entries,leav ,ng mfiptheirs; not°being res-ponfibleforthe ’ltlf* af[er af-theTnthncy ¾ B’s heirs does, not save the ⅛⅛r°™ °*I being iurvey. ed mtlme’</p>

<p>A temporary removal of a juftice of the peace from his county, with an intent to ftay 4 months & then return, ¿oes not vacate his office.</p>

<p>The amount of notes put into the hands of a confiable and Colle&eri, with, cut any prceefs to him dired^ed, cann t be recovered bv ?¿fcion on his cjfiu bond</p>

<p>A tenant ii pofieflion can not maintain ¡ writ of error ti reverfe a judg ment taken b; default, it muí be fued out ij the name of thi cafual eje&or.</p>

<p>C locates jaco acres of land for "W, upon an a ■grtement that W /ball com ey 6oo acres to Cj -C brings a .bill ,for fpecific per-fbfálance j by an amended bill he charges chat *W had convt- v-ed' away 8oo acres of the land, whereby he is unable to perform his con tra£f, and prays for general relief</p> <p>The court having jurif.’ didion of the cable originally the difeovery of fails which ren ders a compen fation in damages necefiáry, does not diveft the cpúrt of chancery of ica jurild'&»on.</p> <p>Although the conplainanrhai a ri^br éleéfc to t^ke the 200 acres, unfold, ¾ damages for the refid ue, vet ihe de'endanr had no right to infift that the complainant lh uld accept a partial performance •</p> <p>Upon the con* trail C was not entitled to a neral warranty 5 and evidence of interfering claims was proper evidence to be fub.mítted to the jury upoqi the question nf quantum damni* Jicatus</p> <p>Upon an in* queft of damages directed bjr the chancellor, parol- evidence isadmiflib!e,& title papers re-fpe&ing adver-faryclaims were alfo admifliblc*</p>

<p>The relative va’ue of th$ Have and land exchanged thereior, not fufficient Co •warrant an un-fairnef» in the contradi*</p> <p>A promife to marry the com, plainant, being denied by the defendant, ani proved by one witnefa only, is not tne fuunda {ion for refcino - in? a eon'raid impeached oa the ground of fuch deceitful and unruíñiled promiie — Acc. voL i. Litieil •us M.'lver 203 —Hardwick •vs Fashes 2 2 — Lee vs Vagin ></p>

<p>An article of M¡nbg*mutu"í covenants, is n®t aflbnabie, [, as enab!e the atfignee to bring covenant his own "**'•</p> <p>If one coves nants to convey pn pertyiuch as ‘í16"hi'gceftail choole out of the obligor’s lands in the T"1’, "f B & nant the obli_ gor conveys to °f he has thereby difabied him-Perfo,n></p> <p>That the ob. iig»r’* agent by agreement covenant, had for the ¡⅛ f”bfeheJ,an?3 away* doe< not excuse the</p>

<p>If upon an agreement the one party deli, vers property at a ftpulared price, dod after, wards the agree m*-nt is r*fcin. ded, the i^w will not imply a promife 1.» refund in moneyf but to return the property</p> <p>If in fuch cafe the decía-ration charges a pr>miie to re* fund in money* and no exp.eji promile u p<vv> ed, the court fhould inftruft the jury that the plaintiff has failed to fup* port his a&ioa as laid.</p>

<p>The te&ator tVhh to ert" te certain of bit children, decía* ring that Lucy and Sarah have received their portions; he then devifes a contingent in-tereft to the /*- gatees and Lucy, an : finally alter the life eflate given to his wife devifes that portion to be divided a-mongft the /g-gat ees —Lu c y & Sarah are not entitled to take a portion of this eftare, by the defeription of legatees.</p>

<p>Jfa nonrefi¿en’ comes into the itace cem ptrarii), &. return-? co his ¿wsíliog without the ftaie, the itaa.t or limitations be gins to run a gain ft him.</p> <p>fhar me ju ry lepaiared after tney ft 3 a a greed on tneir verdict, Sc ace asd* dra.lc at their own colts, is no grouno for feeing *iiae the verdict — -A^c. 418.</p>

<p>Slaves pur» chafed after a will is made do not país by it, unlefs it ap* pears by the will that the teftator intend ed to difpole of all the Haves of which he might be poflefied at his death; they descend as if no will had been made, &, the executors have no power to fell fuch Haves for the payment of debts.</p> <p>Sale made when unnecef-fary for payment of debts, and to one of the executors, nnauihoiifed.</p>

<p>not ^'urehafé property taken by hit#in cation.</p>

<p>Complainant, before he can obtain aid from a court of equity, rouft fLew that he has of. fered to do e-qtaity.</p> <p>Slaves conveyed in truft are fubjeifc to execution for the debts of the eflui que ufe.</p>

<p>A bill in equity ofthe executor or adtniniflrator diíÍTcT táte of the cedent.</p> <p>trJwill"“⅛ permitted to charge for Ing and man fantdiftributee, more than rhe dlftrbbutfve the Ame, but not to reduce the principal — Acc. Conner, z vol. *9°-</p>

<p>Deed unre» recoroeef, will not hr admitted to fhew oeriva-tlon of title, without proof ot its éxecu ion,</p> <p>Previous notice that fuch objedHon will be made, unnecessary, and the rule ot an inferior court that t( no exception (hall be taken to the reading of any dep.>fi« tion ot voucher in a chancery caufe, &c. un-lefb notice be given,⅜> does nut apply in fuch cafe</p> <p>Inferior courts may adopt rules of practice re* lanve to points not provided for by law, but they cannot efij force one which •will have the eff £t of admitting illegal evidence.</p> <p>Omiifion of a defendant to anfwer #m alie gation in a bill does no? amount toan aámiffion of the fafct, un-lef- it be charged to be wi’ hm his knowledge.</p>

<p>The anfwet of one deten-dant. canBl* *>e another,</p> <p>Sta> of exe-cred¡tor when levied on the ProPerti °Crí‘e ^""'tne'prvity or content of the fecur,,,e*» rcica.e to the fecuiicies,</p>

<p>To aurhorife a judgment on a writ of inqui. ry the plaintiff muft fhew a good caufe of</p> <p>(t Yób fay you were autho. - riled by P & M ro draw bills'on them $ if you have any letters from them you forged them** —-thefe words not a£ionabte' m themfelves, unkfs fpoken or a perfon in relation to his profeffion, office or trade, & muft be alleged in the declaration to have been (o fpoken.</p>

<p>c. . r . againft (pecial bail, averment had' tffued gaínftrheprín cipai need not thaiTtRe* deb' was not paid by another deten judgment</p> <p>Jn reccgni aance oí bail jütinserted ^ iead of jaid /»«> doe5 not vKtate “•</p> <p>⅛ judgment in-Head of txecu W», isacierical dable.</p> <p>pexy, nocaufe The judgment recited & one rendered variant in one of revería!.</p>

<p>A perfora on tlon^prcfcnt" mr t is mate, may be intro, nei* <oVu?pórt il, on fail, ure of the pro-líame fot ⅛⅜ coftt.</p>

<p>Motion fot a cer“°ri,r¡’ when predicated upoa a mifapprehen-*i°n of reford’ Wlii not</p> <p>Order grant. ⅛ a «⅛ of prohibition is but the com. mencement of the proceeding, ⅛0.” w,hlch a will not lie.</p> <p>Outlines of ⅛ cafeofprohibi-boa,</p>

<p>. It is error» ⅜"7 are fatUSed that the plain, had eftab-pr00f which he was not bmni, ga¡„ft him, and having fo found the c.our,£ ftould at his inuance grar,t a new trial,</p>

<p>In an adlion upon a {heriff’s bon: profert of the original need not be made — Ante 8.</p> <p>Breach that the íherift “had failed and refuted to pay the plaintiff the íum, &c. re<* ceived and col* lelted by him on faid execu t¡on’*f»ffic¡ent.</p> <p>A deed being ⅛⅛ inducement &n°tthefo«n. is a good plea, "he'e ¡⅛⅛⅛! th*</p> <p>Judgirent Anuid be foen-the bond byany other individual</p> <p>one cafe on the. df“* "hereon forano» ther caufe,</p>

<p>Crimes _ etmmmon, time muftbe atieg-ed, but not for</p> <p>prefent went againft a furveyor of a road fot' not keeping it in repair.tocharge that the road of repair months then Jaft paft,” is tiiffideat.</p> <p>The right of the court to appoint a particu* lar defcriptioo of perfons fur-veyors, cannot be queftloned on the trial, a. gainfl rhe fur. veyor for delin* quency.</p> <p>He cannot be fincó without being farniibed with the bouru, dary including the hands he has a right to call on.</p>

<p>^^ In an^ftion at lawgranted (up ⅛" bf *thfilft ^ riff tun without the approbation °o 'fehedwith the"jury as to the right of the parties, *fter from read to them ⅜ gaper which was n of u fed on the trial, which -was unknown to the compiai-the term at which the judg ¿*red* '</p>

<p>A bill in equity to refrain a fljenfffirom fel. Jmg a Have taken in executes wiU not 1⅛</p>

<p>Indictment for an a flank, ve-wf laid tht^the anil ’there did"' (Sc uoes net count t0¡n 'he margin. m * ‘</p>

<p>A breach of a recognizance to keep the peace, commie* ted nut of ftate,‘ does forfeit it. tile</p>

<p>Covenant by L that m b, ami for the ufo of certain ^ves and other property, to pay b annually roo/ and to deliver llaves and whenever call-«⅛ on — aaion gefo“d“*s performance-plea that at the thepl’ff was a fme covert {not averrir. that herhusbandwas living at her death) is m>„ a ven to a feme toven is not ¡⅛⅜ of "aftion iurv.ves to her</p> <p>Pleas that the right tothepro. perty named in the bond only a derived under a bill of fale ex. ecuted by faid confideration her having pre. -s as a concubine and that B was thebVoTne the wife of B, who was then fidn ‘e Ínfuf’</p> <p>Plea that the fervices mentioned the permed by B were her living bine, and that fhe did io jive —'par?’of⅛the confiderati.m m ing vicious,ren nanc voh|COVe"</p> <p>h covenant to do feverai which is illegal is void for fo much only; but where a part of the confideration is unlawful it renders the promife founded thereon •void» Plea denying that there was any confideration given for the execution of the covenant inadmiifible, the covenant being mutual*</p> <p>The pra&ice is, where a paw tv has derr.ur-red to the plead, iitgs and it i* overruled, if leave is asked; to permit it be withdrawn and take iffue on the fait»</p>

<p>Partneríbip entered into for carrying on mer on^ofthepart' nets laid out the funis in the pur chase of lands, what evidence ef circuroftan-tes are fuffici. aif ^agreement fcetween them »n relation to the land, & to authorife a de tree for the fpe. tifie perform-</p> <p>title to the land procu redinthe name partners,°f the other having died, and afale pe^funs7 with notice, does not afFeft the right t'he'ofner'part ner — the right does not fur.</p> <p>of the claim, what wUiwcufe the claimants.</p> <p>Aiiegations and proor, fob-comience fuffi dent.</p> <p>lami'amon c°f tenants, cefl-ary that each ihouid receive oi the federal ¡^"¡t'Vuffident that the part of is of equal u^ofel-tire traas</p> <p>Onetraflbe. tenam*1 ⅝* 'o* tber ihouid recover of the °* much tia£mote than his equal Prpp°nion as ⅛'|,⅛,⅛ the trail fold, which iha11 be aicertamed by the relative value of ihe two ,ttafls> wlth the cmflTíiíng* ° claims.</p> <p>A deed tfcat “J'f ”Po.“of ground, gives tltle to no Part> Tpúo^uh™</p> <p>Ixtra judici. alo Proccedings as° conflmaive notice, but ex-pr.els notice ob. pToTetd^swUi operate agamft a p“rch»fcr re-0f notice!</p> <p>Theconfider. atlon have been paid & the conveyance ex* ccuted to pro. ie& the pur-chafer from a prior equity.</p> <p>In making* divifion in iuch cafe it is proper to regard the improvements of the purcha-f?r8 if the proportions can thus he obtain - ed.</p>

<p>. Detinue will. ior property detained by them »n^that</p> <p>Declaration objedlionaciein inteftátf with havin^torthujly acquired pulid. ‘ e pr°'</p> <p>itepiicarion (to a plea of the union! "ift,’ rhlt the de/eud.nt’s lleves^Mary! )dud and remov. ed himfeif and them from thence to this ifaie. sJ, That the pUmnff was a rtfidenc of Maryland when the cauie er aition acctu. ed and was ne ver hnce within this . fiats—</p> <p>Rejoinder that when the caufe of adlion acctu* ed his inteftate was a citizen of Fayette county, isaninfufBcienC anfwer to the replication.</p> <p>Detinue will lie to recover llaves obtained by the means of a fraudulent contrail.</p> <p>A purchafer of a perfon who had thus acquired property, will be affefted only where the contrr<6l is void cb & not where the con-tradi c an be ren dered a nullity at the election-of the injured</p>

<p>Decliration in tionabie In aL legíng a tortious taking by ano-iegmg3^ ⅛⅛*1tion by him at *elf*s ⅛'de **" ^</p>

<p>detinue defec-tbs in not al-J*8'"? e“*'er property or pof-fe£,0n in the plaintiff,</p>

<p>neglea as an attorneyln asuit, not ne-«ffary to ayer ⅛\.⅛.® ⅞1”' the defendant, 01 fecnred him a fee j but a-verment thaS' the defendant undertook to ⅞ ** thereafter to be Paid, sufficient tive ftatutedoei not repeal the A£Uon for</p> <p>muft ihew *«t the fait had and" manS< r.erin which it had been deter. fifis^caí only be proved by the record, but note°on which it was founded inadmiílible un could not be produced.</p> <p>Whereawri. ting is not the bafis of anaction, but only matter of evi-tute^does* not require a denial upon oath, be. •party; .fóre ths offering i: .. put upon proof of ths execu.</p> <p>failing to make mit his caufe of fo-.mbMnftma the jury as in cafe of a non- "</p> <p>The amount of the debt in th® Pt!:t js on' ofdamages in this, but the amount fuftam. e<i to be left to che jury.</p>

<p>After a d?_ fewn'the'deci fion of the court thereon can AretrorairiSnCd</p> <p>On an iffue of infarcy, parol petenTto 'rove the infancy— the regifter of birth iii fome tent, but ¡t is #ot record «vi- and not pa*</p> <p>Afaftftated a.bi11 obvcd'forthe pur” pote of obtain, inS the °Pinion ^po^c'oMaw arifmg in the F°|refs oí uftd’»sevidence of the raft in a fubfeiaenttr‘al</p>

<p>A per fon who privy to a judg men't, orpreju. diced HhereDy, a writ of error «preverle ⅛,</p> <p>Heir cannot maintain a writ to reverfeajudg ment in covenant againfthi* anceftor without joining the ex’r or admV</p> <p>Uponajudgi menc agairit the anceftCt,rhqi heir and ex'r, may be iued0 by the ftatut» of Kentucky.</p>

<p>Erroneous t® decree againt ^«not a* wlrt edYnd0perfim*! ally ar.iwcred, ,taklnS tefled</p> <p>A ipcciai euard,ln anfwer for ⅛-⅛™ defendant» a1d tl!ey aMow* edatime alter they come of age to fhew</p>

<p>A bill in e« quity lies to recover the amount of a note deftroyed without fault in the holder»</p>

<p>A guardian ftouli be ap-poidted to defend for infants *“ *</p> <p>cannot by their affumpfit make they* would6 not otherwiie have been to.</p> <p>AflumpSt a gamft executors and heirs for “eirlfe^verment that it was paid at the éieanorfoniy' miufficient to charge thshwts</p>

<p>Not difcre* ,tlonaryw‘ththe not to five in-tereft upon the con<!deratl°" ⅜1 Ven in the tale ofiand, in efti-mating ' dama.' g'sf'ra bre,ctl of covenant*</p> <p>Coniideratiou not hong ex. f,effed» *T1% áence of the Und* of °'the fame Quality, in the fame it the^°T<utc ^of the contrait, is admisible.</p>

<p>. Reftitution warded^n f'vor ef a perfon ki™ daim' are doubtful, but kir'e h'™ b° *ftion.me<Í^ *</p>

<p>A verbal con-íra£l reipe£ling lands, ¡n 1783, is valid.</p> <p>In equity the rule is qui prior tfl tempore po. tior eji in jure.</p> <p>Equity will Hot deprive a psrehafer of a legal advantage unleis he was a purchafer with notice of the prior equity</p> <p>Equity will not g've relief to a fubfyuent, ag.air.ll a prior purchaferwhere both were pur-chafers for a valuable confi* deration with* out fraud.</p>

<p>Although the Matute made no pofitive provi-fion for the af* fignment of en. tries on land warrants, yet the aflignee would have the equitable right, and might com pel the ajfigmr to convey the land, if the grant iííued to,</p> <p>A furvey for the affignee of the entry, and a grant to him, S3 valid*</p> <p>In a fult by the patentee of fuch affignefi entry, to obtain selief againft an eider conflict ing grant, the íijfigner of the emry need not be a party.</p> <p>.Entry tS on Pottinger’s creek, begin ing at the lower corner ot Pot*. tinger’s pie. emption,on the oppofite fide of the creek from his fettlement and running up the fame line and out towards the knobs for quantity»**-</p> <p>The preemption of P was Curvejed m Several parcels, and at different periods of time, previous to the date oí the adj bring entry— the loweimoft corner of P is the one to he adjoined.</p> <p>The furveys of the pre empw tion calling t-o -adjoin the feu tlement furvey, could have been found by* reafonable in. ^uiry if the ieU tlement Iurvey was notorious.</p> <p>A ftation hav* ing been ere&. ed on chat lur-vey, and linger bimfeif being resident thereon, the lines of the fur. vey might have been found by reafonable inquiry —Accor* vol 2, Kennedy •vs Bruce, 373 —vol i, fPiifon ‘vs M'Gee, 34 —Green ve>Jui Watjun> i©7— Hard in, Eft ill vs Hart's heirs^ 57 b-M'MiU len vs Miller,# 494. — Moore's heirs vs Green# 3»*</p> <p>The iurvey directed to adjoin the preemption , fur-veys, and thea at right angles to the general courfe of the bafe.</p> <p>Entry on Ea, ton's creek, a branch of (he Rolling Foilc of Salt river, beginning about half a mile from the rnourh &c. invalid, becaufe the •creek was not notorious by. that name.</p> <p>Who ought to be parries to a bill in equity.</p> <p>Perfons claiming as heirs, muft prove themfelves entitled to fue in l hat capacity, unlefs the defendants admit it exprefsly or by implication.</p> <p>Fa£fcs not charged to be within the knowledge of the defendants, nor prefumed to be to, are not taken for con» feiTed if the an. fwer is Accord. Moore •vs Lockett, vol, », 69 — Cowan vs Price, vol I, 173 Kennedy's heirs vs Mere, iiitb, ante 4C6.</p>

<p>Jntl></p> <p>«D Centers ^^MVrTen0 tryof one thou fand acres" — ] v? ini'* an erT try often tbou-/andams, to be fjrvey^o'fiooo acres each.</p> <p>Ought iubfe. tobe' boundTo notice this en. try of io.ooo omTállude/to by D C ?</p> <p>Quen — When an entry Calls to begin on a úream 4 and a half miles from oughtelthe°dif cfese to be by the meanders or on a diredt line ? — — Vide hite vs Grayfon 1 voi. 143 — Bowman vet-jus Melton7 j53 — Lockhart vet jus *7 rabut's bcirs9 *51— Johxfin vs Brown & a!. Pr. Dec. 60, 6a</p> <p>t{ Along the eaftwardly fide of johr.'May's entries,” &c. ; bir one entry of May being brought into view, entry depending on this call is invalid..</p>

<p>Entepf</p> <p>The ⅛⅛ ?f ^ bale be* penrt onxnofc. ftruiUon by a 'ntrí S</p>