Volume 7 — Kentucky Reports

<p>Aflion on a bond for pay-“«fooftobacc» place1*” <Cpieji that the place °f payment was gr«j£flt 1 the parties, without «ver-""⅛!.,</p> <p>if ⅛ obifo sor is prevent-formf¡rnomh¡sp*£ venanAy'de-fault of the co-fhe</p> <p>to diflbive another fo“ft b« °f a* aaglJh* o*eV be diffoired.</p>

<p>R, one of fe. veril creditors, for whofc be-conveyed , an e/iate in truft to fatpfy their ©us pretences a faie tobe made «nde^very1d!f-advantageoua circumftances, aífo m « '⅛* atter0 creditor» not to bid. aKa'nft, ,.⅛⅜ pur-of the ^rB^**?|e,l*t a nry ina ' quate price-</p> <p>‘The «editors, ligation ir.cend. ect to be iecured by the (ruft, to B, or Virginia, who lued ia t'uftrc*ana ef~ whole debt was fulh Kentucky and</p> <p>the debto/ex-hibited his bill ⅜*</p> <p>£he purchafcr offers to recon. Te>» on bcins Evinced. Ty him.</p> <p>-Rrpw, that weV'n^" guilty 'of "°* fraud in the íale* Jet the fng'áíied ull ¡fairly, ought to be. he!d t0 tbe ⅛ «convey /the fftate uP°n be-⅛, ⅛⅛⅛’</p> <p>-But as the land anA ⅛.⅛ the flare of Ken eoS not make a pofiove decree (⅛* rec»n. foouid” ’in ofo theU judgment ttntü fuch re te itiitd™ r eo ere, c.</p>

<p>The recordwherebj' vendee war e-yiSed, is evi-theVendof^ly of the f*a 0Í</p> <p>being * reverted ¿y this court previoufly for Trfos^andThe ruie'of*compcn. forion being no. treed, as be toTand wanan" tee, does not preclude the thef'the rantor is refpon. Able or not, Ib'trieíthe fe* cond time in ⅛« court below</p>

<p>A copy of a record of trial - by two juftices, configuring an examining court, certified »• a copy by one ot che proof that ⅛ ■was an examin. to'be^’eceivJd as evidence,</p>

<p>Where thecotádemion ⅛ 20/. Cper °hun-<aed, but by a ^e‘ t¡es nof date, it was fti-tbatI°* ^ «fundecn™ cafe the land *ould be ,loft * penfation to the v™dee for lofa 0</p> <p>if refufes to convey, the vendee payment. * *</p> <p>Nor ¡s the Vendor bound the “X^kh holds the pur-chafe ™ner:</p> <p>beingin default the vendor com menced fu!t fo1 (the vendor) had «fried to convey’& w,th out having prepared and ten. aherendee'hld good caufe for preferring hia till for injunc-</p> <p>the vendor having pen-dlng the bill deedofconvey! ance according to contra», 'vendor ought not to be liable for cofta.</p>

<p>In decreeing a partition of lands againft in. fanes, time af« ter arriving at full age ought to be given them to {hew caufe againf| the 4ecre«.</p> <p>A guardian being appointed to defend for the infants, it Was erroneous to hear the caufe without anfwer* or farther proceedings to compel an anfwer.</p> <p>An appearance byattorney does not cure the error — v<*e Vol 3, Shields's heirs vs Bryant, 5*5. — ¿earuy't heirs vs Rearaen J»t*</p>

<p>The bail who is compelled to. pay the money fued for, being the purchafe due for a traft of land, does not thereby acquire any lieit in equity upon the land tor hit reimburfement;</p> <p>Bail having filed his bill to fubjeft the land to fate for his reimburfement, and the principal having ad* mitted the pay» ment made fot him by bail, altho* he cannot have a de; cree for fale of the land, yet the court fhould give him a decree for the money í</p>

<p>An adm’p de, bonis pon is entitled to all the £erfonal eftate of the teftator which remains in fpecie, the property in which has not -been changed by former ex’r or adm’r.</p> <p>Slave} (previous to the aft of 1800) were aífeta in the hands of ex’r. and would pafs to the adm’r de bpnis non•</p> <p>Where a chat, tel is devlfed to one who is alio made ex’r. he holds it as ex’r until he figni-fies by fome aft his eleftion to hold it as devb fee.</p> <p>If the court Overrule an ob jeftion to tefti-mony to a point not relevant, it is neverthelefs caufe of rever-ía’- — Rke's heirs vs Lowan, vol. a, Í50 — Given vs Bradley, vol. 3. >95 ⅛-</p> <p>If ex’r. or aim’r declares in detinue., on his own poiTei. fion, upon gene, ral ¡¡fue he mu ft prove that he ,⅛ ⅛ has had afluai pofitffioa h* ⅛⅛”'18 ⅞* ¡nteíute, he nüed not P™Te “upon the general £us the ía£t of ex’f “oñtrovwtfdi^ fpec¡ai pua. 7</p>

<p>At common ’?"• a corP°r»j0°"trac^n the teal of the corporation.</p> <p>a not imported bf a writing figned ⅛ the prefi-íenc alone, he having no power given by ftarute to bind the corporation</p> <p>A petition 2c fummons, a-gainft n corpora, lion, fervKrt on the prefidt r.t, cannot aurho rife a judgment at,rainft the present individually*</p>

<p>If the taxa. tion of cofta be erroneous, it may be corredt* ed on motion 4</p> <p>But it is not caufe for quaih. ing the execu-</p>

<p>Where the creditor obtains judgment at law and hen comes into a court o£ equity to fore-dole a mortgage given to iecure the fame deb-., the chancellor ought not to decree inter-eft, the judgment at law pot bearing intereft, but fhould take that judgment as ¿he amount to Be paid*</p>

<p>T) purchafed of M 2$cacres, his choice out of a tradt j the furvey of the quantity was made b.v Lj to whom M fold and conveyed the refid ue-</p> <p>The furvey made for D lal. ling Ihortof the quantity, L, who ' purcbafeú with notice of the- prior pur. chafe of D,lhall convey to him tfce oeficit,</p>

<p>a died pro*, ⅛ *'» w!t-nefeonAhe trial* Jpay b$. givHi; ip evidence.</p> <p>his attefotion, recogni?t\ ting^Md '*£ c>r’s it wa* hia prailicene. ⅛ the asknovr ledgmentotthe : to the jury as to the execu. If the fufei, ⅜⅛* ¡^¡cd‘^’ethto¿! Jeft ,'1' uo“ »f the deeA</p> <p>two feparltTde! mifes were laid jj®0» two <8f-moiety 5 the plaintiff gave ⅛ h, ⅜ one of the kffors claimed byVaie'of 'ihe! riff under exe-cutiun asai“ft ⅛* to the moiety from w> produced a deed. ortjn to Lve been exe - cuted by w, ⅜ alio by G as at. buT^hem was no evidence con ducing to prove G^^he court was not bound ⅛ mftrufi the jury whateffsét the d^ed would have upon the title of the !ef for claiming un derthe execution, in cale the jury &onld be of opinion that the previous deed executed by G as attorney of H was made by lawful authority.</p> <p>A deed made by a foeriff af. ter his commifv üon expires, for land fold byhirr* on execution whilft he was in office, is valid.</p> <p>Lands may be fold under a fi. j5z, iflued by virtue of a de. cree in chance, ry, according to the /lattices of Kentucky^</p> <p>Jn ejectment áemtfe for one moiety from one leflor, and for the other moiety from ano. ther letfor, if the title of one of the leflbrs is not proved, yet the pl'ff /hall recover accord íng :o the title proved by the other leflor.</p>

<p>Who ought to be parties to a bill to fee afide a mortgage as fraudulent.</p>

<p>A demyrres brings the whole pleading before the court and judgment muft be given againft himwho committed the firit rauit.</p> <p>In covenant to convey a trail of land on or before the ill of September i2o8, the obligee firfc paying to obli-gor the price of 8a/. joj. the declaration rr.uft aver payment or tender and refulal before the day appoint, ed for the con* veyance.</p>

<p>No fuit lies againft á juf-peTce for done judicially and within the ⅛⅛⅛ lefs he aft’s cor. ruptiy or from impure motives</p>

<p>If feveral executions iffue againft the fame debtor the íhe-riff is bound to fa¡isfy that ex-ecu* ion ' fir ft, which was firft delivered to him</p> <p>But as between plaintiff^jp in exccution9 a former execu-ti@n, not levied and returned, does not create'^ a lien, to rhe exclufion of a fecond creditor.! who delivers hia execution to the ihetiff when he had no ocher a-j gainft the debt or,</p>

<p>Variances by, *nd fummon" Served on the rtworiTnaMn immaterial ’ *” pans.do not vi. tiate the P'o-vice?011 ' "‘</p> <p>But a variance in a fubftantial Site of'hccote be wrong in the copy ferved.the iood^nd’8 dra *ot warrant a judgment.</p>

<p>One who entered as tenant, cannot controvert the title of his landlord*</p> <p>So if the ce-"red ofbaf am and faie to ano. ther in fee, the alienee would condition than the tenant, and could not con-by "which 'the tenant entered,</p>

<p>If a father delivers Have* to his fon-in-law upon marriage, without avowing for what purpofe 5 whether it was a gift or a loan* is a rjueftion of fail io be deter, mined by the jury.</p> <p>And fuch a delivery Sc pof* feilion for five years and upwards, cannot juftify the court to inftrudt the jury that the law prefumes it was intended as. a gift, uniefa. there was an avowal of acoq* trary intention at the time of delivery.,</p> <p>The relation* fhip may juftify the jury in pre-fuming an intended gift in fuch iafe, but yelled by other circumftances.</p>

<p>Wprds. fpo-kento ajuftice, on application for a warrant for felony, may be the bafts of An action of (lander.</p> <p>But words spoken before a juftice, on i'uch an application made in good faith, to com* . menee a profe cution, are not aétionabie.</p> <p>And upon motion, the Court ought to jnftruft the ju. ty as to the law, leaving the quo animo to be decided by the jury. ></p>

<p>T having a replevy bond on K, received feveral fuma of money for forbearance from time to time, greatly exceeding the legal rate of in-tereft; and then affigned * the. bond 5 the af« fignees and T were made par* ties to a bill for relief.</p> <p>Refolved,thaC the affignees, being bona jida purchasers with: out notice o£ the ufury, and being induced to purchafe the bond by the exprefs promife of K to pay, they are entitled to recover the amount oí the replevin bond.</p> <p>But againfi: T, the complainant is entitled to relief and decree for the amount paid on theufu* ¿X0U8 Contract*</p>

<p>obligors to. bid for land not in, Metoexecuthm —the executors obligors in a re. plevin bond, having given up the land to fale. inftead of the perfonal ef. tace, and know, jng the faéts, failed to diú clofe them— thereupon the plaintiff in the execution bro’t his bill againft the executors for the amount fo paid for the land. Bill fuf tained & relief decreed accord-</p>

<p>a certified co-dee<dmaeCbed<f ven⅛evidence without accoun. ^"oduñiín "of the priginai.</p>

<p>i/che ftatute begj. storuna-aea’th^iie laud, nefcenas ⅛ hi* tute does6 not mu on, but the ftatute after arr”»n* “ (“d</p> <p>The differ* ente between and ,⅛ ftatute of Kentucky,</p>

<p>Where C had purchafed the land of D con • ditionally that if D paid a certain furo within twelve months the land fbould revert, an offer before the day by D to pay and a declaration by C that he would not receive the money, excufes a formal tender, and C and his alienee having notice, ihall hold the land fubjedl to C’s equity of redemption*</p>

<p>If a jurorwas on the Sift ^efeeond trial" and the cau/e of challenge be ¿¡('covered until after the fecund deied^ 'VT ¿“'¡⅛ afide the fecond ve'diit-</p>

<p>A court of equity will not fuftain a bill to foreclofe a more gage, againft the mortgagor, and againft one who has an equity prior ifl time to that of the mortgagee.</p>

<p>Air agreerrerit to divide the land covered by, the two conflicting patents, is a good confider.' ation, and the court will not inveftigate the comparative me rits of the two patents.</p> <p>But the one party manifeft-ed an indifpo-fition to comply with the terms of the compro-inife, and fold all the land, & afterwards hia affignees applied for a fpecific execution of the contradi; but it was re-fufed*</p>

<p>A claufe in a deed inierted after the warranty, &c, referring to the former confder« at'ton, & therefor transferring the refidtae ot the iurvey not before conveyed, is fufficiery: to .pais, the eftate»</p> <p>Jc is not ne-cefiáty to prove the exigence of corner trees, to identify a fur-vey 5 other evl, de nee of the identity may be equally iatisfao» tofjf*</p>

<p>Occupying Notice wTnTI gi»t, is fjffici-ent notice of the ™mm¡i¡one«.e</p> <p>The report the comm’rs is mence'that Yhe improvements valued, by them theiaoTinc°n troverfy.</p> <p>The law re-fpeñing occu-¾*'not''contrary to the compact with Virginia, í&ution o't Ky!</p> <p>The aa of i8n, operates Jjfd at'thepaf." fage of the aft,.</p>

<p>Acafc upoa ehe c^nftruction of th^ffatuteof £’¡“5* lands.’</p> <p>The anfwer ¿antoue ^'“0“ ⅛⅛⅛ the "in-tereft of a co-lands* fo as to ⅛⅛» 'íe*'Soü£ of 1 * atute*</p>

<p>Where a bond ie required, it is not neceflarily to be under leal, fince the a& of 181a— that ad having given to unfeal. ea writings the lame effed and confideration as fealed iaftru* meats»</p>

<p>Performs confcientiousfly scrupulous of bearing arms,can-not be fined ⅛ ⅛. ing the miiitU mufters-</p> <p>The legislature jea the equiva-!ent/or p«foml fine for n^n-attendance »c muftets.</p>

<p>The ftatute pf limitations does not run á. gainft the com. moa wealth*</p> <p>Nor does it run againft a ▼efted right \vhen there is no perfon who can maintain the a&ioo.</p> <p>The »»⅛⅛ £“s^e</p>

<p>A bill of fall may be avoided at law ob account of fraud in obtaining; it.</p> <p>A bill of ¡falce fraudulent as a-gair.il creditors, is nove.;helefs binding, be. tween the par,, ties. a</p> <p>If a bill of fal« for slaves coa-' tains i flipu^p, tion to delivS pofleffioo at a future day, this does not avoid its</p>

<p>In covwaftfe plea that the defendant was at the tiae an$ place . ready to paioim, See, ie not fufficient, •without averring a tender or offer to perform —Accord. Mitchell vs Gregory Vol. 1, 452.</p> <p>Flea that the .obligation was. given “ without any confi-deration,” ’ U *permiiTibje uq« der the ftatutea</p> <p>Plea chat the obligación was merely voluntary, replication that ⅜< it was hot merely voluntary” isiuf-ficient.</p> <p>7 he obligee is. not bound to aver or fet forth the confidera* tion in rcplyip£ to a plea d< ing thp,coni ratio**j thee ligatioijifr ’“'’¾⅞ denced that conlideration wat receivedi— and the obligqt cannot oy pleading negatively throw the bur-*tea of nrpofpn</p> <p>Jng ,.iie co iide *aáon oufh.t w condom-1« tbe ncftdés ■*mh a vevifi * ^“n t ‘*“n^,t ⅜»⅛>««*0»'*0⅛ gemrai demur-</p>

<p>The clerk has no authority to adrmnifter an oath to a party who applies in vacation for a tkdimus to take &« deppfition f/*.wl‘“e*wh® the ftate — the oath muft be peace.</p> <p>if on the tridepofition was excluded be-ca ufe of this oh. jeñíon to the dedmui, it might be good caufe of new trial if the party was furprifed by the objeSihn taken in the progress of the trial.</p> <p>But to juftifjr this court in fecting afide the verdiét and awarding a new trial, the record ’fhould: ihew clearly chat the party was fur-prijed by die cbjeBion when it was too late to move for a continuance.</p> <p>In detinue, if the jury fix a value upon the property, higher than the tef-timony would Warrant, it is no caufe for a new trial»</p>

<p>If A makes a voluntary con. Veyance to B, for the purpofe of delaying arid hindering ere-dítors, a court of equity will rot at the in» fiance of A relieve againftlhe deed, nor enforce the fecret truft between A and B.</p>

<p>⅛ tr.lt* aiiion/.TtOn^t necei&ry ⅛ toUj either to, give jurisdiaion to the jury is to be Summoned,</p> <p>cu!t court, declaration sta-*Qio““jfe °"⅛* euit; this not ¾1 after Ter* dl</p> <p>Mot¡0„ to add the plea of th'. ft?tute jXteT'o the diferetion of the cour.t > and the ceflary to the juftice of the</p> <p>¡ft of t M°ary-land, mult be f°varaed ⅛ *4 ⅛ force ; and the laws of that be judicially noticed bv the judSes of th¡s mar'ers^of fod to be proved,</p> <p>An tion by the court to the ju* ry, relative to a gift in Ma ryiand, founded nws>ap0piied>Wto the cafe, or up-⅞ * that'11”?* láws ot^Mary - land and our °wn laws were groper. ** not</p>

<p>If a perform fue6 a writ, de-feribing him. felf as adm’r, &c. and declares in fame way, but laya thecaufe of ri°htin ⅛ that he is not adm’t. & c. is not sood,</p>

<p>A cafe within the ftatute of jrauds and perjuries, refpeéfc-ing the undertaking for the debt, duty or default of ano* £her. .</p>

<p>a. purchafer t“"n", n**ccaf. aa’ii by his nmke «f a more-gage which was “hcrefo^'void as t0 creáitor,.</p> <p>An alleged *⅞*, Jh^were^con-tending for flavet lelzed 11 B-'thatLftbnU have the bene, °f * mort-j£s*s h, and pay ¡>⅛ his de-,mand. Jn. Ian<j'» ftatuteoffrau<Jff and perjuries,</p>

<p>Where A purchafed of B 165 acres of land, but. obtained from B an obligation to convey all his right in the traff, that right being fuppofed to be only i6£ acres, but which turned out to be more; a court of equity will not en. force the claim for the furplus, the vendor havirg mifta-k.en his intereifc when he executed the obligation*</p>

<p>In fait for £ ¿eva.jia'vit, it is not neceflary'to name the defendant as ad-tninijlraiofy but declaring a-gair>il him as adm'r is but. de-lctiption of the perfon, and does not vitiate,</p>

<p>Tbe return «f a fubpeeaa agamft Uveiai cucj5’ «ja*'» copy of the bill lefc," without whuR Of "the deteuaant»,does not authoiife bilí'*™"a?oJé¿ a6ainft diner of the</p> <p>a de cr<-eis revetied fur want of a iutficient fer-fending ‘the eaufe back /or ings, thiTap." pearance of the pany in the ap-?uffiden°Un to diipenie with the fervice of jproccfs rhe vice ot procefs court below— Accord, vol. 3, Graves vs. Taylor, 430 — Craig vs. Horine, 115.</p>

<p>0f a court of corn-^ncínn¿d be ¡nqu’¡red ¡nto whe» brought ff toCqueft¡on.m'</p> <p>See vol 1, Reed vs Hatcher, 347 - Dupuy vs Johnfen, 565.</p> <p>anqueration In a road, upon the con, dition that the new road be o. pened by the applicant.</p> <p>After the new road is opened a&d u-tfed for years, the overfeer ap” pointed to keep it in repair, may jvfiify under the order of court, without ¿hewing that the road had been cut out by the applicant j and it was not material to inquire by whom the road was opened.</p>

<p>mentl¡ J th* court, need not Tery a"ufe ret„ul™f (hewn for fet* p"g aíi¿e * c»fu-ai ej«aor, and leufog in *dc-</p> <p>a perfnn has been twelve pears in poffcf Aon asa pur-cha ter, isa tut ficient reafun to defiend ilt^iace of ⅛ caíuai ejeftor.</p> <p>« ob'eSi n made ° u lhc time to the order to adnut fend,° ¡Aplacé of the cafuai ejeflor, the ceiThig 7 °fucii períon to de. fend cannot be queftioned af. terwards.</p> <p>a notice to take depofitions aL«s°dónerthe fame day, and fo far diftant the one from the party can. not attend at bdt d’ 'j ( depefitiona ken at either place cannot be</p> <p>not»ce which p,e, eludes the par. tt/to?t,auo"eft fc/an agent, k »ot reafonabie.</p>

<p>That a per-fon returned as a juror is an alien, is good caufe of challenge.</p> <p>But if the caufe of challenge be not difeovered till after a verdift, fuere, is it caule of new trial ? —Vide Pierce *vs. Bujb, vol. 3, }47 — ■ M' JCinley vs Smith, Hard. 167,</p> <p>If a new trial be moved ior, becaufp the ■verdict was againft evidence, and alfo becaufe of the alienage of one of the jurors, & the court grant the motion for the latter caufe, But certify they cannot recoiled the evidence, and therefore can. not fay whether the verdid was againft the evidence or not \ the order'for a sew trial fo granted jnuft ftand> whether ^'c““íe ^ court granted ⅛ te correa or mc~</p>

<p>for “ damage^ far daát ⅛⅜ (ale, it is not li.ecefldry for tfce plaintiff to prove an qffer co return the property.</p> <p>He may affirm the contract and recov. er damages for the deceit $ cr he tnay ¿ifaffirm the comradt, and' íue for ihe pi ice paid ; in the latter caie the plaintiff ought to return or offer to return the properly.</p> <p>Where there Was dvioence on both hues, and the weight of evidence was with thie ver-didl, a new trial refufed.</p> <p>Where the verdiCi is affirmed by the court who tried the caufe, the cafe ihculd be ilrong and dear to induce the appellate court to fet afide the verdiCt as a-gainft evidence.</p> <p>New trial re. fufed, when moved on the ground of ex-ceflive damage?, in an action for deceit in a fale, be-caufe they were not fla. grairly and groifiy exeef-Sve.</p>

<p>¿anda may te luid by vir-for coft*</p> <p>A «/>onas gives |J° “7eaU-hbut by virtue of the foimer eiecu. had hjutho r¡tff ⅛ fell property takenmexeeu. tbn alter the</p> <p>fell on the day on which the -um bean' not irregular,</p> <p>it a motion to quaih a faie execution for fraud or covin, is not commcn* yea^ accordlng to the ftatute, the court pixy dehors the re cord upon mo-</p> <p>where the pi’ff. ⅛ the motion is m pofleffion, tent remedy to try the qaef-íuftáin^o ¡nv ry by^hTrefu-fat of the court,</p>

<p>Verbal con met for lands in 1786, is not tutelo frauds and' perjuries'! *</p> <p>infants can (defend uniy by guar ían a t.</p> <p>■ And if a per. fon anfwers for to bare been appointed by defend01*" fot them) the ⅛, cree againft the mfan,s wlU be e,roneous*</p>

<p>In covenant to pay 496 dollars u in money or negroes,* * tender of one negro is not good.</p> <p>The plea of tender, ihould have averred the time of day when it was made, and the value 0/ the negro-tlhdered.</p> <p>That t1wo dif-interefted men valued the negro at 496 dollars, is not a futfccient averment of the value.</p>

<p>“ You have fwom a lie and 1 can prove it/*, &c. are not ac— tionabie, unlefe laid wuh a colloqu'um con-cei mng an oath in a judicial proceeding.</p> <p>The innueni do cannot iup„ ply the want of the colloquium) nor enlarge the lignificación of the worus— Accord, vol* 2, Porter vs* Hugheyy 232— H'atjon vs. Hampioriy 319#</p> <p>It the def’t. aPPly to the court to in-Aruft the jury to difregard a count which ⅛ faulty, which motion is over - ruled, and'4 en* tire damages are given $ the judgment mufc be reverfed, ahho* the other counts are good*</p>

<p>| The court zrt not bound to inítiuél thq jur» upon ab-Jiraci pr-poii-tions ot law } but if from che record it ap pears chat evidence w is giv en conducing to prove the fatt upon which the deduction of law was pre dica:cd, the court was bound to in. ftruófc ihe jury upon ihe point} and whether the evidence is Hated in the par-'icuUr exception to the refufai of the court, or in a bill of exceptions to another point, is imma, terial.</p> <p>If the judges are equally divided, whereby no inilruction is given, when it ought to have been given as moved for 5 the judgment mult be reverfed.</p> <p>That the adverfe party was willing that the inftruttion Ihould have been given, yet if it was not given, the judgment muft be reverfed.</p> <p>Twenty years a&ual adverfe, uninterrupted pofTefllon will bar, the a&ioi| of ejectment.</p> <p>Ode In pof-idfton'dermng title ynder thfe el^ef conñiét— »ng grant» ’»,> poífelíed tb thé extent of th£ boundary ofthfe grant. V</p> <p>The boundary of the grant is a qu%ftion of Hét to the jury. But the defendant having’’ given evidence as to hi* poiTeiBon under the coin-flifting grant* ai>d agto the boundaries, hp was entitied l» the iniftu&tea ■of the court at to the effeéi-¿f twenty pats, pofieffion in caip 'tykyuty ftaufd Ujjid , that fadfc ⅜0m The evi-&cg|j</p>

<p>Vpon the iia-tute of frauds and^perjums. men" bci.e'a Band p that make1"*0"^ chafe of 5w if poiiibie of ⅝» benefit1'of both - 'that p made’the pur-chafe, and tus agreed thát B ftuuid ad-vanee one half mone P"ndhbe equally inter. efted in the irithin^he ftá-tute of frauds and perjuries,</p> <p>A andWCe"other8, Rating P and B tobe affignees ⅞⅛ ■what, or the terms, or the intereft°f 'doe's not take the ■ cafe out of the ftatute.</p>

<p>On a bond given to one agent of the penitentiary tor the ufe of the inftitution, an aftion U maintainable b<y another. agent, his fucceiTor.jn office, by vir? ,tue of that fucceffiun.</p> <p>‘‘Months’* itt an obligation con ftr ued to mean calendar months»</p> <p>The rate bf intereft muft be fpecified la the judgment. ,</p>

<p>A powe- of attorney ac-knowWged ⅛ ofto“^ thei ftate, »n4 ordered to be «rnfied isgood CUt.m¡,rit be re. guiany recorded> ?itc,fted >ni abiy to the aa of congreft, alltl0’lh,e p?w" “* have been ad-mKtfi » re-íurd‘ ;</p>

<p>Notice to quit the premi íes, ¡s only ne-teifary between landlord and tenant $ and where the tenant holds from year to year, ot at' will •</p> <p>'The hutband having :old tne wii *s ¡and, no notice to the occupant to quit the premi* fes was neceffa ry* previous to an aéhon of ejedt nene b-y the ¿eme afrer death of the husband.</p> <p>1 he occu pant in £uch ca<e is not within the proviiion of the ftatutes ot Ky. refpefting occupying claim, ants.</p>

<p>Entry.</p> <p>Prance up , a creek ' is to’ be taken on a dire& line, not by che mean, ders*</p> <p>A branch ¿éfcribed as béirifour miles up the c teek, impoies reafonable diligence ofinquiry#</p> <p>Three bran-ches . *⅞<⅝⅝ the entry is ’only for a“ mm to farveyi made hy tuas ded to.</p> <p>the' craer“k \£ fame diftance therefrom,” ! raiid to ⅛ seneral '«wfe, to par[kj different wind-⅛-</p> <p>“ Beginning a. brancli miles from the mouth of BreHem* ylTI-B ⅛⅛</p> <p>the mouth of the branch is bf 'appropriated.</p>

<p>An entr which alludes toa ftream by * "ame kn*wn when'0 it hiS another name generally known fccordl voi. a, Hin vs. Crayfin, 143— vZ'emab, 349</p> <p>Thar a ftream was knawn to the deponents the « Path fork,*' is not denceofeotwi ^ence o m on</p> <p>Negative e-viden.ee as t0 preponderate" Accord. Woo ley's heirs vs. &•»«, voi. a,</p>

<p>An entry not Curve,ed in the time .limited by ⅛⅛⅛ decree the eIder pa-</p> <p>entr made in Fil««, ⅛ 1783, for 1“<⅜'⅛⅛ of that count,, ⅛ 1786,were to be found lnlhc ñ*hrtd\wn the operation of the act of 178$, and the fybfe-quent aéts ref-peéting the ap-pointnrent of ágtnrs, by rea - fon of the continual refitíénce of the owner in Fayette from the date of the entry until the year 1795*</p>

<p>⅜ try for i6o.oo® irres caited 10 b'nd on the entries on tbé Onio and panther biníón the o° hío °"nd6 on Panther creek entries” where they'eSd¡dW join ; declared invalid becaufe we°re not”fpeS «¡tied.</p> <p>⅜ A linerepre-plates 0nHen° derfon & Co's line, without ti"er¡f can not fuftain a call for Hen-derfon’s line.</p>

<p>An entry calling^ bind tries” lying*™ a particular water courfe, ther defection of them/ is vague and Talllh</p>

<p>ve^,cn ⅛1 preemption ¡« that the line» ted.</p> <p>And that *hre"sODefocu°^ ,⅛ other» might be found *7. teafonabie dl</p> <p>a on-iy a-few days °.ld & not n0t8_ “/⅛ °"J appendant en-fry, by {hew. j"®ve^hjtcjlt|l(¡' for wa» con-farmabie to an ^"cetuinand pmdfc.*"1</p> <p>Example of a variance between the calls of the entry & the furvey thereof, which was too great to enable another locator by reafonable diligence to find out the furvey by reference to to the entry up. on which it was made.</p>

<p>Entry invalid becaufe of the infufficíency of the defcription to fiad a branch and a marked tree, the difian* ct% called fot being falle.</p>

<p>Án objeá notprious ⅛ the caiiTo hok? ” t0 i0cLion, without any o-thei tefcnption of the neighborhood, uniefs two objcas of feme name ate ferent^ parts^'of *e country, :</p>

<p>A call to »d. iom M"y ani MmT'wiu'b* undetftood to »¾?⅛ 0‘^t^ uniefs they had *ioint daim.</p> <p>t0 include an improvement, improvement was not proved,</p> <p>&T° adi“n ^ • three claims ⅛ that vicinity, to fhat ⅛ ?¾°⅛-mfcner * adjoin the one or *• other * ^0uid ⅛⅛ land com-t0 *“⅝» invalid"^ **</p>

<p>Example of a certificate of iurvey declared not to be fufó-cient to identify the land claim* «d to have been furveyed 5 and the complainants in chancery failing to identify their fur-vey, the bill is difmiffed.</p>

<p>A call to adjoin a fettle* ment and pre*» emption before the pre*emp-tioa was located, /Hail be at* tached to the fettlement only —See index to 1st, 2d and 3d vols. rule 31, entries.</p> <p>So alfo, if the pre-emption had been previouQy af-figned and located in the name of the ailignee — Acc. v°U 3, 154, 161, 4oz, 424.</p> <p>The certificate of a preemption fojc marking and improving, & the entry with the furveyor, cannot aid each other,</p> <p>it is an objection to an entry that ⅛ calls for a by a "rally "known* when . ¡t had another waT generally known ⅜ 1</p> <p>Entry held deceptive ''6 & p ’</p>

<p>An entry de. rcaíbnabie igence of fearch to find the beginning, “on Mill crest;, about two miles above the ^edwk ⅛⅛ oak "and white oak growing together ac^the buckeye ^ar! ked s. M.”</p> <p>Such a group caiieTfor ^ánd found together, and the marks bf th<ofancient appearance, at. ford prefump- , cvlden/e weremadT^e-iere the entry,</p>

<p>±atIJ ,tfM an «aft branch of Muddy-“¡¡ees aw°l¿ of the Mulberry Hcfc> tunning quantity.”'</p> <p>. The diftance branch totend-ed, and the whw ⅛⅛ branch gives locality,</p> <p>furve/ 1</p>

<p>An entry to adjew another in the forks of runfio both forks binding thereon, until obtatw[7«⅛' five of pri- or claims,” is not viuated by da*? t0p'oi claims— Vide, ⅜» w* 12I — —cJh!m vs. Walton, ante 132 — -Fearm —tíanfcn vf, Lajbbrook, vok 3, 543*</p>

<p>Upon fending a caufe to the court below to ftave the de* cree of this “urt (e*ecu!ed thye entry'5"»? bout the head ofaft,caai reo" which the caule wa.s eried, be^permit-ted to take new to a different head of that item,</p>

<p>The report of the furveyor icnt'xiftenceof objeits is frima fade, evidence.</p> <p>ab^abe of a permanent na-tare its exift-merat %6od would be a ne-ceffary infer-eU</p> <p>But not foot periihabie ob-jefts, as bark camps.— rule VI. Roland, 125.</p> <p>An entry <ie-fmve^r and a can '"for bark camps held ⅛-vaitd, for want the iark. camps —See index to tule’ ja, *</p>

<p>Entry of includeaf ⅛° and improve-meat, and extend eaji'wardiy Tkment." *'</p> <p>R’s fettle-boufa mile and a0Umf0T. eaftwardiy - of ly fpnng and amí thV^urvey of r ran to the cardinal points ~^is '™?r°v-</p> <p>to R’sjmproyR, -⅜ lines Survejrto&e governed by t'h* improvement iei t0 ’ that court* extend, |?gas ⅞¾ Rt * ⅛⅛⅛⅛ the: fpring and ini. p™ven?fi‘t *¾ , ⅜¾* ,⅜ y£ angle? to thofe fctticment!</p>

<p>Éncty <( on theeaft fide or Otter cre*k, about three hundred yarda below the mouth of Pumpkin run, to begin at a double ash marked I. E ,T &c, cannot be fuftained by the diftance, Without proof a&to the marked tree.</p> <p>An entry calling to He on a ftream, without farther description ol locality, cannot be fupported by taking the midway between the head and the mouth.</p> <p>An entry cal • ling to be bound *c by the different entries,** &c. without de. figaating thofe entries, is invalid*</p>

<p>An improve, ment known only to two per' font -and not known at the neareft ftation, is not a good object of location.</p> <p>An entry to adjoin E« on the eaft, and include B’s improvement,” invalid fyecaufe B’» improve, ment was not notorious, nor within reafona-ble fearch— Accord, vol. i, Wilfen vs. M'Gee, 34.</p> <p>The notori-, *ety of B’s fpring about 100 poles from the improve - ment cannot help out the entry, &c.</p>

<p>Pending^ an aftionof flaa-der, Lillard' conveyed h**i property to his> father- tnriayv, with the avow-, ed intention of; defeating, the effedt of the adtion ; he fold; at au&ion with, out previous-notice or. ad-, vertí fement :</p> <p>He continued in the pof« feflion exercil-ing aftsofown. erjh'p after the *</p> <p>it was of ail hlseftate without any appa-o™ (ufficftnt motive ; thefe are badges of</p> <p>who recovers a judg. ment in flander within cied'thc meaning of the ftatute.</p> <p>asweifas^^r ”⅛ ciedimis are within its provifions.</p> <p>tetTaircoaomon law.</p> <p>But that have been"111* the prejudice of a pre exifting righj, to avoid in this srefpeft the. ftatute vanes from tÜ</p> <p>who is injured in his Reputation exifting * right as to avoid the fale for the fatUfying the after liquidated damages.</p> <p>frauduLnti f° conveyed may be fold by execution.</p> <p>equity1 ha^ne-vertheiefs ju-rlfdiction «f ⅛ impediment to ¡>full price for ^®en p™p"^ ⅛ (⅛, p</p>

<p>£jedment> affidavit to be fufficient rtmflt allege that the perfons were tenants 18 pof-fefhcn,and that they were ferv-ed with copies of the declaration and notice.</p> <p>Perfonal fer-vice in fome cafes dispenfed with.</p> <p>Service of the declaration and notice defectively proved, renders the fervice of the common order indifpénfable.</p> <p>\V here a judgment taken by default on fuch fervice is reverfed for want of fulfil cient fervice, and the caufe is remanded for new proceedings, the ap-jjearance of the tenants in this court is Sufficient to difpenfe With the fervicé of the declaration and notice</p>

<p>A court of chancery may order a new trial of an action at law.</p> <p>But this ought not to be done where the failure of the applicant ro defend at law is not fatisfaiforily accounted for-</p> <p>Nor where he applied there for a new trials and was refuf-ed.</p> <p>In the latter cafe his remedy was by bill of exceptions and writ of error.</p> <p>Where a bill is trained merely fur the pur-pofe oí obtaining a new tr.al, and it is ordered accordingly, ⅛ upon the ¡eco-id trial had, , ■;j of excepte';.. taken co opinion or ⅞1 court in ; ver ruling a m-nicr?. tor a r.ew trul, the on^ht ’<1 o⅛ upon the funner bi.U to let aik.e the fecond verdi&,</p>

<p>A cafe with - in the ftatute mi fraud» and juries, k-fPei*!ng loans ⅛,,⅞* and slaves are within the o-Pe,atlonof the.</p> <p>a farol han of fl^ea in ^dí^brou'ht Li-held by the *Nfon to whom *d y years without demand onade by'dSfwt of law, is witlu in the fta-[^ko( void as to the editors of the</p> <p>the purchafer at Aeriff’s faie *>»d nonce of he purchafed, does not avoid his. Put<*»fc.5 material *whe* ther the debt was contra<a'd pofleffion.</p>

<p>|f‘e ; “¡"¡fji'jf with adultery wlth J- s- lhe not^pieaV^ot gi»e in evi. á™ce ¡n miti" |^“n with others. In flander</p> <p>Upon except of ⅛“ court foí refofin* ¡, new trial moved oa againft evidence, th« wh°le th* ⅛’ hated, °U0-therwife the verdtñ «niiuot blíhur e '</p>

<p>An adlion brought by husband and wife to recover Saves claim, ed in right of the wife agarnft a perfon having adverfe poffef-fion previous to the mar. itisge, is on the death of the wife properly revived in the name of her adrainiftrator— the property never having been reduced into poife ilion by the husband during the coverture.</p> <p>The natural right which a man has to dif-pofe of his property, can only be con. troled by the laws of that country in which he makes fach difpoiition 5 & where thofe laws are unknown, they will not be prefumed to be reftri&ive or prohibitory of the exerdfe of fuch right.</p> <p>A purchafer, to avoid a gift, mail fliew that he derives title from the donor*</p> <p>Several dif* tin£! replications to the fame p'«>held to</p> <p>ofdatimie ¡t » not» fuffiefent a“^“ tute of limita* tions, to reply íhat the flaves wereTot^witK in the jurifdic-tlon of 'he cognizance thereof,</p> <p>The ,fta'u.te °mcs thJee°^ joining of an iffue> but not ¡fl'ewant °f an</p> <p>The allega-non that claim-a"^3 the jeme cvvert when the caufe a£t'°nft C<the* defendant, and continued fo .until th* ⅛“⅛' j"® ° ⅛⅛ anfwer to the Pka of fta’ [¡uutas“f hallU’</p> <p>,. Tj?'rlil'‘c*' der iffue a5 to the difabiiity ““k €rueii. *</p>

<p>A bill was thrL & níocefs ¡ffiied oniTV gainft two of ⅛* d*.fem!anM '</p> <p>ytarsproceis iffued againft the third only thT two*™”? mer,) to an-fwer the bill *a?ñft him *ánd others;" the procefs is futfi-cient, although th« others'were not infmed.</p> <p>fl»Neiahfe d°*f time between biii filed, and the ifiuing of thTthto^vith ate. ’</p> <p>if a deed by k. to B. be fraudulent as to creditors, C» who obtains a •voluntary conveyance from B. Hands in no better condi.</p> <p>And bin ^ 'ro!(i deeifs“ and fabjea the property to ex-"hat c. had mia of the fraud.</p>

<p>nof áffiV^or error 6 that which is to his advantage.</p>

<p>A recogn zance of ípeci bail by fevei perions, is jot andjevcral 5 upoa a fev e J cías the execi tion may be warded agair one only.</p> <p>Scl fa. gainft L and . was return executed as to L, M not found ; before the return day of the alias, M forrendered the principal j and now both pleaded the</p> <p>Sejolved, that by the return of the firft fci, fa. executed without furren. der, L was fixed j but by Surrender he fore the return day of the je% candy M was difeharged.</p> <p>cannot afiign bis otan fault in pleading tor</p>

<p>Equity hr» í^Zg^ewi°¡tI fetafidea contra£i for fraud ^nd fto injoin a judg-“«"t «covered for the price— Accord. Water % •vs, Mattingly, vol. I, 244.</p> <p>But equity will not fuftain a bill for in-jun&ion againffc the judgment^ where the complainant of, firms che con-trad!1, and feeks to liquidate the damages unon a warranty, or for fraud in the faie 5 unlefs o, therwife an ir. reparable damage would be fuftained by the complainant — Accord. Hard.f •wick vs. For-best vol. - I, 212.</p> <p>If a bill be brought for a thfcoverj, and that is the only ground of the juriídj¿>3on of a court of chan, eery ; if the anfwer denies the matter of difeovery fought, the bill ought net to be retained —Acc. Lemon vs. Cher• O', vol. i, ajz.</p> <p>Where the party attempts to defend the sidion at law, and fails, eq.ui* ty will not re. try the matter —Acc. Veech vs. Penebaiery ■vol. a, 326.</p>

<p>who ought a°biii.partieS °</p> <p>An obligation given by afath. conveyance of land; will be enforced fpcci-founded jn'the eonfideration of bioed only.</p>

<p>M^ookWccm out of A’s crib twice, he lona, ¡f a°nyd perfcn faw him,’' are aftionabie</p> <p>quViy" to°f one count, in flan, der; iffre on ⅛, -n°( tifi'cación as to fecond count j the jury fworn to inquire of damages9 and to try the tjfu*} damages af-fefltd lii firft .count, and ver-di¿t for defendant on the .'if-fuesj the plain, tiff is entitled to judgment on firit count for his damages.</p> <p>Upon overruling a demurrer the court are not bound to offer leave to the demur-t to with-his de- and but ifhe leave to ought for it*</p>

<p>P fervedT b« ferved ⅛ due time, to which appeare^wfth-out objeaing in the court be TiaufeTr reversing a judgment be-w« not in dne time to warrant a judgment at firft</p> <p>tothe jurífdunoa o(foeJ »*« fhe t0 which fet for trial, was properly r‘j^ei by the</p>

<p>A caufe of-challenge t0 a juror not dii-¡5‘ a vetgQOj caufe for a new</p> <p>⅛-jeftesTt” for partiality is an imPr0Pcr wit-"a new tria! to Proí;e h!s !m-</p> <p><⅛. daring' ptevi--⅛ if íooodoi-⅛» damages, was not an ⅛-andfuch^caufe of objefliondif. covered after ficlenf ’ *Scaufe to fet afide the verdiit.</p>

<p>_ Up°nan m. cibie entry and detainer, the íT'eG^of ⅛* quiry. and the defendant can-ev¿ ofwiry — Haw! kins's p. c vol. i, p. fee. 33‘</p>

<p>If the matter pleaded be fortiTfo"»» to he capable of different con-verd¡¿™S’ ^hat conftruaion which would be given.</p> <p>where a be^ranfedTnd ZbfrTnot, a'in the appellate courr, upon the ‘ ^ gainil: evidence, when the court tilfied with the Terdift, yet ftate the whole evidence. -</p>

<p>Where M claimed thro* G, in a luit by M agair.il G Be C, who held the legal tule» the aiifoer of C, thac he had fold to Q, and the claim by C to have par-chafed of G, is fuffigient e-videoce-of G’s equitable title to the land in another fuit.</p> <p>A deed obtained by M, by virueoi a decree -jiter. wards reverted, will not be fitch a legal title as to enable rhe holder thereby to re but the claim of the com. plainaut, (seek, ing to be relio, red to the land and the legal title,) on the ground of a ver* bal contradi be. fore decided to be invalid, nor can Juch a deed fo obtained take the cafe out of the fta-tute of frauds and perjuries.</p> <p>T, who obtained the legal title from M, wún notice of the claim of G, before the purchase money •was paid, cannot be protected as a bona fide purchaie.r with, out notice.</p> <p>M, who is permitted to enjoy an eltate, and makes im. provements during his. occupancy, is in equity entitled to remuneration for the iA„ provements.</p> <p>And fo alfo is T, who pur* chafed of M, entitled to have his im* provements fee off againft the rents.</p> <p>At what time the charge for rents fhail commence-. See Thomas vs» Thomas, \q 1, 219 — voi. 2, Patrick •verjus Marjball, 45— Winn's devjees •vs Redman, 84 —Allen verjus Sanders, 94— Hart vs. Bay■lor, Hard. 597.</p>

<p>if a pie* be made’ "up, 'and the jury are fw°™ t0 try orniflion of the clerk to mdorfe upon the plea fiiecTor'an million to note in the orders th* k¡>nScanf not vitiat/the verdia and judgment.</p>

<p>0a¿erk^¡J lawfully ⅛. f81*-the **- ufTñ'lrXu. nvm O'wtifing t0 minu*’it »</p> <p>fub_ (⅛⅛⅜ witnef. feí fae out of ^their’ hand wrung is fuf-fc-ent t0 «*«& K</p> <p>The testimony of perfonj '⅛ than the ⅛ received"»* to the execu* t“? unti* *e fubfcr?bingwit! neffes is fatif-f“aorily accounted for.</p> <p>of emancipation to take effe£t af-‘he^owne^of the flavas, » Talid ai»d cf_ ^contin^nc" hmbpenj."8'"^</p>

<p>R uofeJ t0 he i-aituted an i^qu.'1jtion of R°'dcl againft M — -c appealed ai d become*"» de-^dut, b»t the watrant dea* "⅛ tT*lo include C ; the inqueft ^ round c> ¡ wh«cupmi c liom mend a traverje</p> <p>i he circuit tion of r, quafted the rduféí to ^ ward refiitutioñ as againft M, °h re?and to^he°jufticefS</p> <p>Upon appeal, laioived, tfeat properw quafli.S ed ¡ bu*there fufai to remand to^te;0°juftixeS Co as to enable him co award orcér^or^reftT tution, was h-1⅞«⅛, and thcretore a eff?a is lent to the circuit court'</p>

<p>A obligated himfeifto pay “o*e compeiipi to *Re(oIyed>tfcit pajment ««- tdkd h !u”> c/wls' ^ot ™ neceflity pre-«quifite to en-</p> <p>But aituai payment to c, *“ ““⅛’ ™om ¡¡ ¡0 c was not fuft-c!ent<</p>

<p>s conTeyed to j land m truft t0 w his eSumera--te<¡ * teiervbg alfo to himfelf liberty to dire& the payment of any other debts.</p> <p>One of the traéis ís fold & conveyed by S and J to D, for 300© dollars, with liberty to pay in good ca(h bonds in three years.</p> <p>This debt was affigned alfo by S to J in irutt as be. fore.</p> <p>Rtfolvedf that c-aiii bonds executed and dire by Sj and af-figned to D, are good tenders in dif-charge of his obligation 5 & ordered by the chancellor to be fet off a-gainft the judg, snent at law.</p> <p>A fee bilí if, fued againft D, S and J, not allowed to be fet off in equity, not appear, ingtdbe connected with the tiansa&iotu</p>

<p> 3 i°!n(: verai/who ft. ver in thcir de* f”ame Trial, ftr' the pur-p&fe, “í"6 a , witnefa.3^ **</p> <p>if no evi* de”ccjs siven ffTU ⅛ a'a wknefsCed</p> <p>The original warrant iffued by a juftice up^ felony, ar8with the acquittal of 'edtheeo'^n dorfe/Ind'iign". ed by the juf-tices »ht ⅛ ™idenceoftiK arqoittai, in an aftion tor a fccuCon * Pr°</p> <p>if dant moves the whether d*ere was o^was not probable caufe, and the court mot'ion^and the defendant excepts, he muft Rate the evidence, other-wife the ap-pelíate court 'ard the éx ception. * C</p> <p>⅛ a joint a£lmn agamR juryf fever the damages, the piaintiff may ggtinftUafimfor the higher damages ¡ and dtnlTeTb'the jury^dóe/not affeft a jud£. ment thus ta.</p> <p>Nor is the verdiit and judgment viti* ated becaufe the feveral damages added together exceed the damages laid in the writ} the plain* tiff taking judgment for the damages not exceeding thofe laid in the writ*</p>

<p>The year menee a new sciion after t0 bec’omputed from the nd ^erm</p> <p>dc_ fendant ob. ftr“a* the aition, by ab-fc(mding »nd ca"noth"S’avaii himfeif ot the of lim-</p> <p>affumpfit be-merchant ⅛⅛⅛,6 u a goud plea, & ,f ll: be an acthe plaintiff fl»o»w «ply matter,</p> <p>Open and merchant and merchant are ««ptedoutof not ftated or 1'quidated ac. cou““*</p>

<p>'ybcre the contrail ⅛° ar* bound to Perform concurneither can ⅛ a courc of eiui-of the tail-ure of the other-</p> <p>?h¡ quantity of bod fold, it »&⅛⅛0⅛ ^.'“⅜11.8 but tbe count may ^ oí t hipare ha ⅛ money.</p>

<p>Mouwfter^ng f being eftabiiih. 'a^'tVuTn1 ny áothorfry to the county court to fmftees Than thofe named in the »a, and thorifiT the inhabitants to eiea truftees, the8 "Tovlfims of^he* general law regulating towns.</p>

<p>a widow m mailing ⅛ the ^n^““¡nhou* allotment8 of dower, cannot paf, committed outfide of the ^ boundaries of the traft.</p>

<p>Aftual pof-ftffion is rve. cei&ry to main, tain treipafs.</p> <p>The aft of 3S12. does not change the law in chis refpeft.</p>

<p>a fteriffievy-⅛⅞ an niture of a ten-*nc ⅛ the e’f wh¡c£ remains ⅛ a-«edin^to fen the fame, a'i-tho’ notified fufm°walfatif fy '"he0 tent, 5s liable to an bo Tas "(he ⅝" on as en .</p>

<p>An injure, '!"n was d,fon a fubfequent dar of UlE<: thefi“¡|f' beard, the bin difmiffed, and con,plaln4 appeal?*' °</p> <p>This fufpen. inj?„aí?„ it was ¡regular '° .il!ue at law, pending cile afTeal from ⅞' í'cr" 111</p>

<p>et »nhPbÍS the owner * againft oye for beating ⅞ sCti'^n andPnot cafe!”’</p> <p>Poffeffion is necefkry to aflion"1; but an allegation tbat the Have petty tK^>fPthe plaintiff is pri-ma facie' iui-legatiosTof pof. ieffion.</p> <p>fl^e Uwfui affembiy confpiring to wmid not ⅛/ reiser "but af. failed the defendant,where-folTant feuck Mm m his own defence, whereof h= <H-8°⅞ trefpafs.</p> <p>⅛ trefpaft * ⅛. Mead-ed, and Wnnot be,glven ln ,e" general ¡abe."</p> <p>That one ⅜«⅛1 plea was "J*fee ⅛ T“° jca¡ng another when ^ de-dme for pleading,</p>

<p>L being e* Vi£led, brought his bill iñ e - ,quity againft the holder of the elder legal title to have a reléale, and al-io againft his imm aiutt, al(<1 ren.oie venfK'r, ¡neje ot fail, ure ot his cúle in equity, to hare comben* fation in damages tor breach oí the covenants of warranty.</p> <p>Rejolved, thaC the vendors Wire not ne-ceffarv parties t</p> <p>Thar L*u relief was at law* and not in chancery, upon the warranty ,*</p> <p>rJ hat the warranty wai brekf n by the judgment at law in ravof of one holding the elder legal tklc* and it Wui not netefiary for L to exhibit hit bill in equity a</p> <p>Thar the covenant of •warranty rune with the land, and L could r<& cover again% B, upon ' hit warranty to ⅜⅛ whofoW toTi«</p>

<p>Covenant to work^without M°y piaTe appointed in the coveftsnt, is to wherever°rithe obligee ftaii appoint in the</p> <p>a plea rf tender r to perform the ftewin here the'^e'ifder”was made, or with-⅛ the*oMr el was reqaefted toappoint the |⅛'»</p> <p>A flea m covenant, aU Jeging a parol agreement upon which the mutual covenants werefoun0 ded, and aver» ing that plaintiff had not performed hia part of the a-gréement, is not admii&Me.</p>

<p>Airm-^““nJ^Soun! by the covenant ,»/ f*</p> <p>And under ⅛⅛ ftatute dr . „• wh*¿ not named in the obligation, fule cannot be maintained againft tbemalone; the executors or adminiftrators mu ft be joined*</p>

<p>To fubjeéi the overfeer of a road to fine for not keeping it in repair, it is neceiTary to íhew that the county court had made an allotment of hands See Read's cafe, rol* 3. 4*5-</p>

<p>Want of con. tmuance cured after verdiít.</p>

<p>A convey._ »nce ⅛ treft &emed fraud - «editora*from the declarations of the grantor as to his inten-wich and the vahe of the property íhef«índ'recua to be fecured.</p> <p>The anjwer of ⅜⅛ gwnwt judgment *»* law, is evidence ⅛« the com-creditor iaand therefore pre-judie ed by the «vanee."1 ”⅛</p>

<p>An ecute a bill of ⅜ for a llave *£ gam!i the ef-⅛⅛ of the a^ncer'and0* refufai to *«Ee-cute the bill of</p> <p>declaration o'niy laying the pro-““¡⅛ an<* . as to the tffe.f ai ^a!.d *”* tin Aam-⅞« by reafon</p>

<p>A deed fating that the bargainor fays the trail of land thereby transferred to the bargainee, á* locator, con’ t ains a Sufficient éxpréffion of onfideration to aft tbe:i tie.</p>

<p>a court of equity win not pr®* execution on *« they are the property of the complainant, tc Sot the property of the defendant in the execution, nn-lefr feme cir, cumftances fcew that the remedy at law, in trefpaft or detinue, would prove ¡nade, ⅞“⅜⅛</p>

<p>Ajuftice of ]u'if|,a“n hear and ⅛-termine a com. „ay, and 8 to give a judg-J^tex*°red¡n* twTnty^'fiw (hillings at the [ate *>jr uance^oT""^ obftiuflion.</p> <p>His power to fñgC twenty^fi (hillings u con. fin«d to «fe* of judgment upon his own view; not to cafes of war-</p> <p>if a juftice within the ⅛ ®/hit i"/ “ot‘ réfpónfibic for an «rone-ou* judgment; fixation J th¡ officer to carry</p>

<p>To a bill by one of leve-ral co-obligors t° relieved on the pound that the bond 0⅛« "Tb’ i¡g0„ ought to be parties,</p>

<p>The vendor Iien ⅛/ ment of the purchafe ^mo-conveys the Accord* ⅛⅛ voi. 3.’ p. 354»</p> <p>Bat ⅛ ⅛ not ?rÜF i„t¡> ⅛ to be fold which has been ufl««u-¡ion? **</p>

<p>To a fait m l&gne7 * for the fpecific ex. ecution of an the conveyance of land, the af-fignor ftouid be made a par»</p>

<p>I" make a j0¡n£ demife.</p>

<p>a bin ⅛ e, quay 1⅛« “ ¡„ wh!ch th» complainant a vol* 188 — . 3 vol. 4564</p> <p>Alio to recover the distributive foars of the price of a flave which was fold.</p> <p>The profits of íhe eftate fet off againft the maintenance of the com • plaiaant.</p>

<p>Ic is not in-, difpenfabte that the witneiTes to a will ihottld fwear that they believed the teftator was of perfect fenfe and memory.**</p> <p>The will being entirely in teftator's hand writing, is evi. dence of his capacity.</p> <p>Occafional fits of intemper* anee, &c. not evidence of the want of capacity to difpofe of his eftate.</p>

<p>Note paya-He on demand, noTrun until denand made, Suit is demand, but mtereft be. be given with out a jury to find the faQ of mand — T vof. 471.</p> <p>thed'ebt^wíth íutereft there-en fiema certain time, &c. mount n°to \ finding of the</p> <p>certfin The amount of in. tereft due at fin'd it in^am^ ges, but not for intereft that toícru<T'"ea"f"</p>

<p>If exceptions to an anfwer are adjudged good, and the defendant fails to file another anfwer, the allegations unan* fwered will be taken as true, altho' they are not charged to be within the defendant’s knowledge*</p>

<p>Á perlón not a Partyt0 ⅛« ⅛-“«ding» P™r the eftabilihmeat of a fer-ohio'^'five* cannot maia-tain * writ of thedrfer'bare* iy °p0"’ at"¡ fuggeflion thac Y ‘hmis. hl™* e agtrleve *</p>

<p>F and E ¡at ⅜⅛⅛ purchafe of an 0f0rla* ¿"agreed tá give f foty dollars for the contraft,where, tipon F delivered it over to O, with a letter of re-queft to E to accept O in place of F, which was «c. «ordíngly done;-, the plat and certificate of iurvey was affigned by E to Os upon bill by O to be relieved againft the payment of the money to F, on the ground that the entry had been witharawn previous-' to the Contract for file of it, it appeared that both O and F were ignorant of that fa£t:</p> <p>Refolded, that O cannot withhold payment of his note to F 5 the con liberation as between them being the tranf. ferofthe contrail between F and E ; and the letting in of O in place •f F.</p>

<p>The word plaintiff is u. ken c?lle^‘?e" ⅛ who feed,</p>

<p>An »aion by fbmmons will not lie on a note given for family of (lave * ís» which the obligor w» ⅛ ¡n thecuftoma¡. ry winter and .fummer cloA* ‘“*4</p>

<p>That arbi-Evidence inTe-lation to mat-tetsnot within (when>1i'lfldoes npt appear that fuch matter confiteatiorTin jnaking the award) is no ground <⅛ award — 2 \oi! 459.</p> <p>Arbitrators decile inciden! tai points a-rif‘ng “n tiie</p> <p>by the £ arbitrators, no groun<Hor (et-ward — --3C voli 44,</p>

<p>S conveyed a tra£t of land to his fon F j after the death of the father, two of the other Tons obligated themfelves to pay F for all the laqd that he fliould lofe out <p the trait ft h¿meyeí tS</p> <p>This oWiga-tioa was aflign. if t°hfhis'bUi faUegfng the father had ⅛ ^whoof^thé title* was had by fome means obtained ^pof-land™ whe'e! fore’the com-piainantis una-íoftoftheTand'; and therefore’ prays that the bf'made iwerabie on their underta-</p> <p>that as no lófs w'as alleged, which would authonfe law^nThe ob. ligation, a court of equity dtfrgTthtfob0 ligors on their collateral un-dcrtakmg.</p>

<p>⅛ tor penalty ⅛. by. ?atute ⅛⅛™"8* boat for ex-Portatil?n tobac* '°tW fpeaed, nor is a judge author, ‘"0⅛ order bail.</p> <p>The ftatute ¡,a¡¡ ⅛ certain cafes at their d'fc.re‘io“> *“d fufferingdefenl dant to appear w.ithout bai1» <£¡¡ court,</p> <p>where the defendant, the dedfion of the bail, cannot ef° that judg-</p> <p>0f the°m!máger of the boat,as ⅜ orders given by who^'was'^thé owner, is of the character of and^ot^áatnif filie? m ’</p> <p>A new trial will not be pehai^ aaío'o* where the ver! di« is for the etfTwhen thé verdiit has been procured *h ™'?ake of eJ“ 6e» .</p>

<p>The a&ual occupancy by a junior patentee of that part of a tra& of land which does not interfere with the elder grant* does not give him poffefiion of the part within the in* terlerence, altho’ the eldetf patentee never a&uaily entered upon any part of the land included in hit patent.</p>

<p>R to°br!ng for w to Kentucky five negroes, utioru ^nd'to do the duties of anoverfeer, *“• “d w c.°‘ part that then he wouid fup-R e jdo?€ - hands, &c. and give him a full {hare of the crop.</p> <p>On an adion on the covenant by R, an averment of a fpe. cial demand, not required.</p> <p>The objection for want of notice cured by pleading to the a£iion«</p>

<p>Covenant Ry live”d *tot0 dB at their furnace of Kanawha 6000 bufheUof buáei» per month, &c.</p> <p>Plea ot co-formed, dama" ge» may be recovered tor the an" inftaimem, although a demand was not hu works.the ' *</p>

<p>An .,nd!cttor (uttering 6atn'n8 ⅛ a heV joifcffed) if the in! diiim'nt chat-*0°*' « within tbe ftatulc> with ta^Bit,on^ p]aCe, it is fuf-fi u»tiy , Cer. taln> a‘'h.ou.8h name of one of tbofe who was 10 have in'^he'^amet buffered by the d'{endant, be</p>

<p>In* ⅛ thecanteimra* cf a contra# for the uie of ^the^rounl 0f prUiou» liens on the ^e”“* randu’m without a date, ggned bfthe■ party,«⅛ gi«n*up a tra# of land t0. “’’‘NT» cution, is no evidence of a</p> <p>ja !ffueJ againfi the par. ty creates no before the conveyance, but ju.r!>e"d.e<1 IDJun "lon‘</p>

<p>Indenture gitfh en by a woman of color fo ferve A as a fervanc a number of years, A af~ ligned his right and title to faid wonun to C $ the fervant was difchargedtrom the fervice oí C by a babeas tarpus.</p> <p>An a&ion of aflumpfic will not lie in i'avor of C a-, gainft A, to re. cover damages, without proof of fraud or Warranty that the w. man was a fervant for a certain time.</p> <p>The count which contains neither a charge of fraud nor a njoarramy ihould be tiiiixvaided.</p> <p>The plaintiff alleges that de. fendant under, took by afiign. meat ia wri. ⅛ °f which ¿* "wo* man was a ⅛/. vant ¡'or years; 'he writing prof» taking.</p> <p>. The count 1(⅛⅜⅛⅛>1{.0<1 maintain the a£tion.</p>

<p>Jhat the d¿d ⅛⅛** p0p« names, i> mat-court.</p> <p>^ ia!ler Is bounds Bond and t0 affis? ⅛</p> <p>on the ** bond affigned, ftt tbe *f' tul, ¡3 eicnt. rum-fignment .forth bi- way ofmi.</p>

<p>In a fuit in thed'ft^b t'tur ofan eftaié'and fettiemeat of *ccount* be-•J3*0e*e'uto" the reference or the asrpounrs to th ey*0 may* 'a*' range and ad-juft them, aud exception the report, it rtiuft be made court*' other' wife they can" not be taken' in the appellate</p> <p>Executor is «hargeabic with . on furr <¡uf> but it is erroneous to ?'"** a t(Ute withoat requiring iecu-rlt).irom the *“ rotund their px-portiom in ^'nan7,'nt gainftiheexe-cul»t-</p> <p>¿t<„ a„d devi-ms or ih- tef-ta,"r uld ¿’⅛6 0</p>

<p>If* circuit-iyUaaúrafs° ju" rifdiflion of a cafe not cogni coort' óf athe fiate, appeal does not lie to the court of '</p> <p>An appeal from a judg circuit °f a^penaity^im! pofed by a« of congrefs for fpiritous li ijuors without licenfe, ditmif-£4 be«ufc the ccurt of. aP* ⅛⅛"*</p>

<p>inaffompfit,, that mX°upoa a valuable eon. fufficieoil? ft*, t<mht0 enable ¡r was a legal v» fidemíon <* „ , ^“°rd" Mofumtb, voi, 3^15.</p>

<p>In detinue by E C, the declarations of of whom the defendant pore baled, made before & at the fele>inay he given in e. vidente by plaintiff as to the title.</p> <p>So alio the declarations of the wife of the vendor made at same time and in pre fence of B, and sot costradi&ed.</p> <p>The death df the 'Have pending the a&icrn of de * tinue, doe» not defeat the action.</p>

<p>Com ninant fets upP»5 ncx-cufe ior not dc. that'&cufftM him faer had a writ, but did Ae «cufe de’ elated unfatif-factory.</p> <p>Wi^en-0T“^ and with* holds the pur-⅛⅛^⅛"!,' adjufted, ought t0 P'J «temu</p>

<p>new "trU™ ⅛ txceflivédama. gesrefufed.</p> <p>*rason tluriT Vy on former •rial of the th”6 a gainft3rt whom theverdia was *7⅛<! of it and díd'no” objea to the juior, is no caufe for «rdiá!fiíi*th*</p>

<p>Where a pur-chafer has his eleélion of 1000 ofit of 5000 acres, “to be laid off at either end, fiie or edge,’* he Cannot havethe furvey in a whimika) figure, but muff take it in rea. fonable fliape, &c.</p>

<p>Plaintiff fued wm returned. “not found, defendant ¡s an Bothercountf”</p> <p>tiff fued ano-%appe*in' to"ban aiiá”g ° "</p> <p>Tne ftrft writ neíied whh ⅛ f/cuud to avoid* the ftatute of limitations.</p>

<p>Inan a£*!on that the’ Lte was 8‘v™ ⅛ dhe”u' negro for ,* months, and taken*8™ ⅛*?»biig« out or bispoifeffion W the expira', tion of the “me> ¡s no “ ⅛ fs 0“" a plea of \ Partial ⅛ Stephens, vo1, l> 5oa-</p>

<p>An a&ion on covenant by an apprentice, breach that the defendant did rot ufe during the term of apprenúcefhipy his utmojt tndea. *001% to infiruBI tbeapprentice in the houle'join-ing and cabinet making,the defendant ought to be permitted to give evidence in mitigation of dama* ges, that the apprentice after his tetm of fervice could do and had done good bcufe joiner's work*</p> <p>The omiihon of the defendant to tender a bill of, exceptions during' the trial does not preclude him from avail, ing himfelf of the error on a motion for a new trial.</p>

<p>An Order ef* tabli&ing an alteration in a road, may. be made to depend upon a coniin. gencythat the applicant ton injured,3 the a". mount of dam. ages affeffed by a Jury’</p>

<p>ee ofínorfa"' plies to"the ⅛ curity for in-fore*3he”takes the alignment, and the fecuri. the'^mjte good, doé* not deprive the fecunty of an equitable de-fence then un« known and af-terwards fet u£ by the principal, on account of fraud in the fa!e upon which the noté waé given-Accord; Pile vs. Sban-noii) Hard* 53-</p>

<p>a th°t ihe'’ Fp¡a¡nt¡ff put ¡«o the hands of the defendant lea-thertobe fold tor the ufe of the plaintiff bv a^his^a'enT-that the defendant kept the leather m nis itore 28 lie did hia own goods; that * etheTwhh the defendant-s * flore was cafu. oiiy deftroyed by fire without his fault and that fronn a miftaken ap-lis liability ?o pay for the le*ther he exe-andlor non°o-feet confidera-‘ion, iniuffi; ⅛ |¡a4 uftd proper dU. *</p> <p>for money wiihout ⅞>“⅛»⅛ ⅛* tereft from the d«e-</p>

<p>Want of re-cofieáíon at ⅛⅛¾ ground for application «⅛ anfwer at ter decree upon bincMfeffo,, regularly taken proceCs ted.</p>

<p>A new trial »t law, decreed ftaud'Tn'piT curing the officer to, change tus," and contrary to the the proceis ex-jteuud.</p>

<p>In ejeflment the jury have a right to find a general vet-di& tor the plaintiff, if the defendant produces a patent of elder date for apart of the land, without defignating whit pan*</p>

<p>(( Wé do hereby tranf-ftx this note to H for val tie received, if A iho-u’d not be good we Hand good for him, and refponfiblé for the fame,** under feai of the affignors, la only an ordinary alignment, and che aífígnee to re. cover of the aífignors, muft fhew that he has ufed due diligence by fuit againft the maker of the note fa afligid, ⅛ Kmney, 596— Smailwwd «⅛ **Ws» 54*•</p>

<p>A mortgage of tl all the town lots the mortgagor then owned in law or in equity»’* without further is for not void generality or uncertainty, bat the lots which can be identified as belonging to him at defcription ’ if good for ail ^'dda!e of th* 6</p> <p>Upon a bill filed »gamft w for a execution of a contradi fot fak 0¡ a iot,& againft a ?ur. fubfe! quent to the ai. foge<f contra; not beevidence againft the c0~ dsetb"do“'e’r klng “¿ee bilj pro conftjfo a. |*‘“® w, fof. ¿⅛⅛, °und*^ cree, as be. tween the con»</p> <p>Example of »letter and an-⅛ oni° a' p°oPofidon for afaie, but not a contradi concluded*</p>

<p>Enóorfement on a bond, which was made at the time the bond was executed, li to be taken as a part of the bond — Accord, vol. 3, p. IO, 360</p> <p>Bond to refund in the e* vent ot land be. ing loft by in. terfering claims averment that the land was loft by an interior, ing claim, &c. without fhew-by what title or in what fuit 5 this objection is cured by ver-dift.</p>

<p>On a motionfey a principal fteriff againit his dCfecuritiei for a failure to account for a part of the re. decides' * both law and fail, and an ofejec-Mlncompe'en* to authorife judgment, cannot vitiate the there is fuffi. tent evidence '° *'</p> <p>e of theJU general court againft not admiffibie evidenceagaínft the deputy, be. eaufe he was fuif,*and 'he'^is liable to the ptincipsi withment*</p> <p>The auditor’s certificate of the amount of “*“** “f"**</p> <p>mot¡un agamftthe de. P“iyand prindpa'/judgt mmt there..™ in the court be. bccaufe'^tSeré was no ev¡. dt"ce that the perfons fued Were fecurities-</p>

<p>A dped 0⅛. rai.,ea ⅛ con-°f without⅛ of a prior equi-not</p> <p>of attorney, au-j *e fubferibed with the name of the Pa“y’by ano-'«¡"equeft" & in her prefence,■ is sood-</p>

<p>a widow («floriated ⅛ husband’s ef-tate) cannot, 0f ⅛ ¡nteftate, maintaiu tref-fafs fawC* tng a Have be. longing to the efface</p> <p>The right of action for injuries affecting che fiives of an intertare, in-the potfef-fijn of the ad-minirtracors be. longs to them only.</p>

<p>An amended anfwer filed questioning the right ot a party a» heir, when that right had 1>een previoufly adjudicated and recognized in the appellate coart in the lame caufe, cannot be regarded.</p> <p>A releafe given by a party after the fir ft decifion of a cauie, and si review of it in the court a-bow, may be pleaded by an amended an* lwer,ai d taken advantage of, on a fubfcquent hearing in the court below *</p>

<p>A. demurrer to pleas filed cannot be with, drawn by plain, tiff, nor can he reply without an offer to correct errors apparent in the declara tion.</p> <p>A declaration proffering a memorandum, on the back of a covenant, figned and feal ed by the parties, as a part of the cove, nant, is not de. fe&ive on that account.</p> <p>On a cove-nanc to convey lands, to be valued by a third perfon, It is not necefiary that the cove, nantee. ihuuld allege a de * mand of con * veyance, or a requelt to pro cure the valúa, tíon. AUe. gation of a total inability on the part of the co-venantor to con. vey, would render a de snand unnecef. (ary.</p>

<p>An affignee oían obligation for land cannot compel a fpe-cific execution of the contra#, without a pay* ment to the obligor of the confideration re* maining un« paid.</p> <p>Perfonal curity having been given for the purchafe money» docs not» under fuch circutnftances» exonerate the land from the lien of the ob« ligor*</p>

<p>A declaration alleging a fail ure ot dele in the vendor of a chattel, al* th >* it contains no txpreis pro* jnife of warranting the ti tie, is g od as containing an implied warranty*</p>

<p>In detinue a replication to a plea of the fta-tute of limita* tions, alleging that within five year» after the accrual of the caufe of a&ion« a fuit was brought & nonfuit fuffered after ¡flue joined, and jury fworn, and that within one year thereafter the pending action was brought, is not fufficient*</p>

<p>A fuit for land canaot be revived in the name ofexecu* tors.</p> <p>A will authorl-fir.g executors to fell and convey land, confers only a naked authority and gives neither a right of property nor a right of action.</p>

<p>The affignee brought his bill to compel a conveyance of land, but did not make the áffignor a party j ’he bond being alligned, when by law it *as affigna. ble, reioived that it was not necefiary to make affignor a party.</p> <p>What ihall be the mealure of compenfa. tion, where the covenantor without fraud is unable to convey— Acc. vól. 2. Cox vs. Strode, 276 to %8o.</p>

<p>If the county court: comply with the pro-vifions of the law in eflab-liíhing a ferry, the propriety or necdlity of ef-tabliihirg it i not afubjeét of revifion in this</p> <p>That the ap* plicant (s held and pofleflVd not fufficicnt the record ftouid state that he was the tic" to the own*. er ftouid appear to have been</p> <p>rates of ferriage ftouid be fixed at the li'ftin ry, ’</p>

<p>The mount of the elution to e¡,Tden«ót "⅛ payment, but the the. iff muft ^r.^e jch “h“" his own teturm</p>

<p>Money coi-u ^ a“ e«cuti#n?n ⅛! vor of a, U not; his property by the fheriff.</p> <p>And the kv" u in^hU own hinds as the property sfA-</p>

<p>Uoona fra. vcií/o? an Ta-quifition of for-cibie entry, the perfon, accufed of the force, is not bound to <hew his innocence, but his guilt muft be proved as if no inqueft had been found.</p> <p>The force is the fubje& of inquiry, and title papers can be introduced •nly to explain the extent of the poileifion, but not to Jbrai thc right qí pof* fellion.</p>

<p>Irt covenant, it is not .;ecef-íary to aver rhe obligor had not pa'd ih* p 'iiaJty in which he bouid himtelf to perform rhe z? ; r ;s Uif fi.rieN ro oiíign the breach m nat ceif»rming the «*& covc - nan.td ro be -pe'i'rrr.ed,</p> <p>iii uoveianc to conv&y a cer. tarn tra^l of land, (< whereon the obligor formerly reft, d-d. containing I $o acres,*’ Sec if there be a furplus cbe ob-ligor cannot re-ferve it where he pleafes.</p> <p>Covenant to convey ; land, the obhg>r m íft prepare Se execute che deed; it43 no plea to fay the obligee did not tender the deed to be executed.</p> <p>The court are not bound to irftruA the jury on &bftra£t prrpcfucns of liW — Acccrd. Smith vi Miller vol 2j 6l6_ Wtitt vs. Fax, vul. I.</p>

<p>A defendant hisTenaí* baU in open court & prajed incufto. bV '⅛⅞" atcorrev^'is con. fidered 10 beta-o'n undcT-he jiid'm nt, >i ü no exc a 'nft him**11 ⅞ ja kr ai. ⅛«!1⅛ aprifon. privilege of the prifon bounds at large after 20 ¡^himieif ⅛⅛* ,0mthe plaintiff, auto’ ro fccurity fees, the de-ffndant having ^tertj0 ¡hem.</p>

<p>On the 15‘h LeWislemiJa/ ford 541, and took from 3taf thecon'»01"1 *r of 300 acres of land, with a Mdw'féT^aTif s ptu6Í¿*on or before the laft day ot iep. fuing^the^bon^ fcuid be ⅜⅜-vered up; Staf. ¡lit. and Lew'is ftouiy after fold the land to &Stafford2^»! ing but anequi. tabic title,Lew. t.foed Pthe ⅛* gal title Rot. the pu fon who had fold to Staf, ford. 0</p> <p>In May *807 Stafford ™hi-b "^⅛ and Price for relief, charging ^ &c.</p> <p>Price denied anfwered flvely „ ,0⅛“ ufury, and au f°!e’vPrice> had accepted “</p> <p>p being a pur. without Uníf1 h°ld</p> <p>That Lewis’» anfwer being *:vl*five’Aal1 million of the ufury:</p> <p>„ ¡tfor¡g¡„ onac_ count of the com** aiíd by the agreement of s“ffu.rd e¡on, and the there-,</p> <p>ofequityasweii as a cou« «f hJ( ¡imitations s</p> <p>'utTn'in'thiá t»fe Ufiv”, & not 3.0 jean,</p>

<p>Amendment permitted at a fubseS“enf interest, by re-⅛* e</p>

<p>J woit of W go dollars, Co be paid in work. W performed work *nd labor for f ror and on account or rha: transaction, and acknowledged wliült he was performing the work that it was on chat ac* count.</p> <p>W cannot maintain af-fumpfit for the work and labor.</p> <p>And the in-ftruction of rhe court that!unlefl agreed it JhouJd go io difcharge of the 3 lured* they fcouid find fur w> wai"* ruflS0U’-</p>

<p>A cafe ⅛ wllich ⅛⅛⅛-cognizable ⅛ chancery, tut at law‘</p>

<p>That the complainant, a ‘“wü(b only the’ fecuritj, and that ⅛'. a¿a¡nfl: thefe-emit),and con-“""'j‘kh“>ufe with" » view to make th' ¡JdThat aprincipal has fined removcd. ^ *>«■- 'cauftT* relief inequity,</p>

<p>A legacy of en bythereftator in 1781, fettled accord. ⅜"8⅛ reciation *t the” date of the viM. Hart Ioan,<J ⅞⅛,⅛ repaid in one yeu' .Hart “ me of a negro,\ whofe hire \ f¡"the and took from JVl’Ginnis an absolute bill of iale for the flave ; but gave to M’Ginnis a writing fpeci-tying that if he returned the money in one year he might redeem the negro.</p> <p>Hart kept the flave for feveral years, M’Ginnis took poffefli >n of the iUve, and Hart brought, an action of detinue and had judgment.</p> <p>Rejolved, that the contract was ufurious j that Hart ihail ¿ccount for the hire of the flave, t) be let off a' giinft the money lent and intereft ; and upon the payment of the refldue, to be made by M’-Ginnis, Hart ihail be perpetually injoined.</p>

<p>The grant recited the consideration to be a treafurj warrant) •</p> <p>Such war; rants by law were prohibit* ed from being located in the district fet apart for the officers and foldiers; the court below received evidence to ffiew that the boundaries ex-preffed in the grant were within the dif-trict fo fet apart.</p> <p>Rejtlved, that the evidence fs admitted to impeach the grant in an a&ion of ejectment, was improper*</p> <p>. Á griHt. of t'H* comnioft-¶⅝⅜¾⅛⅛ m uft -Ks «voided by natf* mturs^nd'can-not bé avoided at law by matter dtbors the *"“**</p>

<p>The endorf-«r of * note, «rho ii releaf-ad, is a compe-maker of the note, tent witness between the aftianee and the</p> <p>Yo leafed felt him-feif bound ⅛ ^Vafe ¡¡e not re. cover oftbema, áer h¡m ¡ncomI petent ¾ ioalfo ⅛”0„01. to°pay the maker if he ó <⅝⅜⅛ ⅛⅜</p> <p>one who give* currency to * c^noth^ t?cciycd as a witness to In. not aPPiy ⅛ tender.the wit-nes* lnc°“P«-fafts, unless ha b? ⅛⅞⅛</p>

<p>On motionxgaiñft a fheriff for failing to teturn in due time an execution iffued from another county, to excufe him-felf for the ne-gte& be muft 01 ew that he had In proper time enclofed the execution, & fent it by mail or fome fafe conveyance to the county from whence it íflíied.</p> <p>The court will not permit the (heriff to a« mend his return by inferring the time when he enclofed the execution*</p> <p>* An execution with more than ninety days between the tefte and return, is not void but Voidable-</p> <p>Sheriff is bound by the ProceS!« “4 defect when he 6¡ls tu ⅛</p> <p>mot¡on ⅛, not return-⅝ in time ecution is returned before notice ferve<1-</p>

<p>In writ of forcible entry.Be .detainer, matter of abatement only cannot be pleaded or given in evidence %</p> <p>And a warrant by one of Jfeveral co-heirs n not void.</p> <p>Where the leffee was to make repairs, anri the leflor had hiaeleótion to pay for the repairs or to let the leaie continue until the arene reimburfed íhe repairs} the leffor cannot maintain hit writ of forcible detainer againft the tenant| without flawing that he paid or tendered the excefs of the repairs above tic year’s tent.</p>

<p>, a tt.giftr.te ¿“rii¡ verbal coatr.a pay four ^Uirs ⅜0⅛,</p>

<p>If a judgment is not Toid on its face, the regularity of it cannot be queftioned col. laterally.</p>

<p>thi poffeffion of » ^¡’hoJVnye-vidonce in wri-tins of a “⅛ *rc’ ¡t* debts,</p> <p>That the poly f'ffor acsuir<!.d tma ⅛, ano. ther, does not * °* ‘</p>

<p>A ftay of ex. ecution for 3 months, after a levy made, does not releafe the judgment 5 nor preventthe pl’ff ír>m ífiuirtg a fi, fa after the expiration of the time.</p> <p>Where the officer returns that he has le vied on property, and that it was ftayed by plaintiff, & defendant agreed to waive the right Co reple-vy, a venditioni ex yon as is not the proper execution.</p> <p>Neither does a delivery bond given prevent the plaintiff from fuing out a /. fa after the expiration of the time,»</p>

<p>. In detinue ⅞ it unneceffaryto aver a demand of the property.</p> <p>If a perfon who is in pof-feflion ofafldve upon a loan, advances money for the ow. ner, he has no right to retain the Have until the money is paid.</p>

<p>bond, ^defen-danC PIcads a" default,"Twrit of inquiry win * ”,⅛⅛. *</p>

<p>. To 'wearthe whrathe™ has been no Plea filea »r ¡f-[ñooeou'•'’and verdict ’ and judgment fot delendant«</p>

<p>S. -and B. having executed mutual and independent ob. ligations: S. to B. for the payment of the price of a lot, and B. to for a conveyance as soon ⅞⅜ the payment should be made In a suit brought for the purchase money a plea alleging a ten* der on the part of the purchaser, and a failure ar>d inability on the part of the vendor to con- • vey is not good*</p> <p>The parties have mutual te-medies, ana the by oné ctvenant^can-Bot be pleaded by the other in <⅛« eoVenS*”</p>

<p>S. sells a tract of land to and gives hia obligation to convey, which is assigned to W.; S. has not a lien upon the land for pay* ment of a store account due by</p> <p>If the vendor asserts there is a balance of the purchase money due, and there* by induces the aftignee of the bond - for con* veyance to pay that alleged balance to obtain the title, when in fact no ba* lance of the purchase was due, but only a balance of a store account against the as« signor, the as* Vignee may by bill in chancery recover back the suin so paid, thenaffiíior^is hot t neteffary farty.</p>

<p>A parol Talé of a flave without delivery» paites a complete right to the purchafer.-</p> <p>Proof that a Have was deH* vered under .a contraft, to be held, until the Aim of 50/ was paid», and £htat the reasonable hire of the flaVe during the period ofpoffef< fion exceeded that funs» Wi) riot.'avail .V ¡.pledgor of/’ flave, in ¼ at law* if ..it,, be 1 .tfcat. the >.mS;:£Q gf* .sfefaéüoj themof''^**</p> <p>Vári- ⅛ piopi^tal» ifJ law judgment therein not bound to inftrud the ju-</p>

<p>In an a&ion of debt by two executors on a lióte given to them, ylea that the defendant was appointed an executor and qualified, will not abate the fuit.</p> <p>Plea that the -teftator devifed to him a trait of land, & that He plaintiffs Srefented to ⅛ that the was held t the title í oeceafed, •'it he had t thereto, t.enoant ⅞ in the cations pfthe plaintiff* c°hftof executed the note, when in ** ⅞⅞ n‘0n Va! lid title to the lan<)!n °r S^the^onfi* deration had ;*hoí|y ftile<1» * rfiere** i* no allegation that the plain*¡^s t*”ran^ that they knew *⅛« title not to be good'</p>

<p>On a/⅛¾/½. cms .th® vari' ⅛ 'judgment recited therein 13 alleged to have been rendered by a court h ól den tor the diftrift of Paris, and the i record, produced in' evidence fhovys a. judgment of the drftridi- court holder* in Paris, compofed of the counties of Bdurbon, Har-rifón' ahd Ni. ^holas.,</p>

<p>A court of equity will not grant a newtri*. ⅝1 in an a&ion at law on the ground that the party was fur, priied y appli* cation /huuld have been.. Tatúe . to tKe cofijrt at. law at thp terni it was Srfed»</p> <p>.Not on the when it is not ftown that if it Afferent reiuit would have '*"lde"c“ g„e, only to impeach the credit of</p>

<p>Proof of a fpecial contract will not warrant a recovery on a count in iftdebu tatus ajfumpfit.</p> <p>The plaintiff muft eftablifh his caufeof ac* tion as charge ed, Gtherwifc he cannot recover, although he may íhow a right to recover on a different mode of declare tog*</p>

<p>Aít¡on 0n {he. riff’s bond for ftllins ^ ac’ ,a°'s fina put into the handi of by the preceding</p> <p>ha^h' dif°r“rf tionin receiv. ing pleas ⅛ bar, ^wWnoTbe reVerfed uniefa it appears maní. thaab'u^d thaat d¡fcrct,uni</p> <p>a plea ft. uid not be reJcit i material mat er charged in me deciaraUu“»</p> <p>A “ receive for coi: leSion the de-andU|ne, oThis predeceffiir, nor the fee» ot a-wh’ h °^nain la hit ímhkíswu coiieftcd ; and the receipt of fine*! ¿"the &*. pat7 ¿oes not bind the princi. pai and his fe-</p> <p>Plea that the feehiih receipt, d"* ^To 0)rCfte⅛ riff fot fete ices rendered byhim or his deputies characters,*isa bar. " ’</p>

<p>A feme who together with her husband has received a deed of release from her coheirs for a tra& of land in which they he id a joint ef-tale, may main, tain a warrant for a forcible detainer, without joining her children, alter her husband*! death. '</p> <p>Tenants in common cannot join in a fuit to recover the poU ieffion ol land.</p> <p>A leafe to enure by way of palling an cí-tate, fhould be founded on a privity between the teleafor & releafeé : one of their efUtes mud be fo rela. ted to the other as to make but one edate in law.</p> <p>And fo a re-leafe from feve. ral coparceners to another co-parcener & her husband ,paffea nothing to the husband.</p> <p>A coparcener who executed a deed of releafe to another co-parcener, is a competent wit-nefs for the latter in a conteft for pofieflion of \ the land.</p> <p>prels warranty. in a deed of Cties have >e' courfe ¡o eách other ¡n case eviction, airho’ there is no ex*</p>

<p>That there is nu fund out ot which the complainant 'in chancery could at law enforce the cjIle&>on of his demand, is a ground for coming into chancerv to fet off demands not conneéled with the tranC.&ion on which the judgment at law was obtained</p> <p>A judgment at law againff án adroimftrator fet off agaimt a judgment obtained by the adminiftrator.</p> <p>■ The allegation in the an-fwer of adm’r. that there are judgments and debts of iuperi- or dignity, and no aflets ultraf mull be iub-ftantiated by e* vidence, other-wife the court wiil fecoff the demand againft the inceftate a-gainft ihejudg. ment obtained by his aara’r.</p>

<p>^h"*ot fLpofaTtohave been ⅛ the knowledge of legattoa in the bili by one wit. »eís is fuffici. eat to aothorife a ¿ecree ¿gstinft the atrfwer t as where the ¿¡legation was of pay meat made to the inte ft ate m his lifetime.</p>

<p>Jo eje&ment if t he ¿emlíe is laid from ieve-rai per Ton s and it appears that the leifors are coheirs with fathers who have ssot joined, fttll the have . «¡ded imereft,</p>

<p>i»an aftion found»;» of a a bi|i »f WMraoty, t» ⅛-admiffibie evi-</p> <p>¡t¡sa(¡„ núffibie ⅛ *aó adío» for the ft»»*.</p> <p>forfraud the daration ihouid <**r*e the un-knew it.</p>

<p>Sale of a negro cancelled .because the fet. ler reprelented the negro to be ® not fubjefl to run away,know ⅞⅛⅛ óne.'of ¡nfam0us cha-rafter and a no. t^",us ,on4i</p>

<p>To fmch *P'**8' many fyurs, to find * marked “0*e u onreafonaWt diligence of m. 'Jiur¡r'</p>

<p>The defcrip; t!on » find *e⅛⅜",}! though thi d?fl Uoce 0B fton'abovtf'tfe mouth of Tay! .««k is only"ioj poles® and the letters ?n.the tree con*</p> <p>from the mark, ed Cr‘e *°° s, & thea front the e*fre, mmes of laid line weftwardly to form a fquare figure as nearly as vica'ictes will admir,” is not to be fur-veyed in a fquare — *iheex, preflion weft-%vardly, in con-netlio;» wich the haji line, ⅛ the call for vacancy, may be fatisfied by lines run either N, 45 W or S. 45 W —and the entry is only good for fo much land as will be common to furveys run for the quanti- . ty conltruiled in both thofe ways upon the bafe.</p> <p>Where a deed has been burnt by accident* the written aclcnow ledgment of the grantor is fuffi-c<enc evidence that fuch deed had been executed*</p>

<p>A call the county tme is good,as^K persons were bound to take notice of it;</p> <p>The line as a£ ua?ly run Sc marked previous to the date of the entry, áhall govern.</p> <p>Twenty years poííeifion will not avail the defendant in chancery, un-lefs he ihows that he had obtained the elder grant for twenty years previous to the in-'ft/tution of the fuit.</p>

<p>By the ail of 1779, a ?re-empdoner for aftual fettle • ment could .not locate any other land than that furround-ing and including his settle, ment until the right of preemption was forfeited,</p> <p>. And an entry* with the fur-veyorin February 1780, departing from the certificate of the commit, fioners. was illegal and void.</p>

<p>A&ual fettle* ment prefumed notorious.</p> <p>A call for HarríTon’s line is fatüfied by a line reputed to be Harrifon’s, altho' it may not in truth have been his.</p> <p>A feeder un. der the laws of this ftate may depart from a fquare figure to avoid other claims ; and it is sufficient for him to ihow the marked lines v/jge exifting, ah ho* he cannot ihow that they were valid claims*</p> <p>Td tn»Mean ant'mYm'pug” the confining foVhe for became TTaa afligid within 'he dence of the ori£'nal pf°pr¡found,</p> <p>The fubft-raan“j to°?(Tue to^the it a ^‘f"trur^f lhe</p> <p>is not alleged be the d““"t<.a"ona)"^0* depSfnions (hew lhe</p>

<p>Entry invalid depending on the call for the head of a creek) that creek hav-S, ^®hedhead.nS></p>

<p>Entry gave a aefcHption by j!f" «⅛⅜⅛,⅛ buckeyemark-*⅜ &cTfcea*<»fe¡!¿d are a the am and buckeye, defcn^Ék. ins 0⅛⅛⅞!⅛ ¡dfuíf" them'0</p> <p>The diftjnee up a creek to afrertain the beginning of an eni.y,⅛bear, ⅛⅜3⅛,° the neanit prafi-cable >ou;e.</p> <p>and the exañ ’ diftance take,.</p> <p>veH<íh-fe tr¡’f;</p> <p>•< 750 acres, C^iiTc™ k* ta extend6 up faid -creek on b.<th futa fot ^</p> <p>acres, adj ,i„.ng .he aoove on the ⅛. nea'iy’s.^b'.1 & up bum a .e, of the</p> <p>ioining°thC,<!!’ b„ve on the eait tide « run. »ing upon 00⅛ creek **</p> <p>sec KincjH & ⅛1 a, hi.</p>

<p>A furvey of land is a dependable inte-reft.</p> <p>The a& of 2792 confirming patenta if-fued to decedents vefts the tide in thofe who were his heirs at law at the time of his death, and not thofe who were at the time of ifiuing the grant.</p> <p>The a& U not a violation of the compaft with Virginia*</p>

<p>In a joint action the return of “not found** as to one defen* dant, will not warrant an abatement as to him and a judgment againft the other.</p> <p>Nor will that return authorife the illuing a writ againft another defendant to a different county-</p>

<p>for° a* To" ¿⅛ thTm! qu ui.n con. iris* uflHenc Ti'hout rinimg that the premi. fes were detain • *</p> <p>A man may be aítuaüy p(.f. °h land TcropU growing on it or a per-ion refirmg m the UnTenciof! ed by a fence,</p> <p>Anyaa done l'ani'after^his tenant has left jt, indicating an intention not to qbandon, but to hold theexcio. five pofieffion, theh’ur° 8 and wmiid^Táaify them in fi id-tagaamunued P</p> <p>a bare entry upon the pnf-íeffion o. aoo with’iuTTitie' is a forcible eq. try.</p>

<p>By a will made in 1758, certain land and Haves were de-vifed to ** £ T and the chil. dren ot her body lawfully to be begotten for. ever, which children of her body lawfully to be begotten are to have the fame equally amongft them, be they fon- or daughter*» afrer the deceaie of the faid E ’* Under this de-vife E T took an eftate for life only*</p> <p>In 1758 a perfon might by will annex Haves to real eftate and de-vile them in fee tail.</p>

<p>_ . ,a where he de. dares on the pofTeffion of the ther perlón is the rightful ad. ⅛⅛⅞⅞ on the general if-fue ⅜ « ought t0be PIeade¿' In detinue by</p>

<p>Where a bond given to one man is for the benefit 0/ another, without being afligned to him, altho’ the obligor has notice or the fa£t, he is not bound to pay any other than the obligee, ur», iefti he ftiall be indemnified for ffodoi^g; and payments made .to the obligee are good.;</p> <p>Decree agairjft adm’r generally inftead of “ to be levied of the eftate of the inteftate,” erroneous*</p>

<p>Wherever the' poflifsjurisdiT tion over the fubjea matter incoarefl.they have a right to-award writs of prohibition a-fnfcrior°U'uiir-P diñiem ,U"*</p> <p>Prohibition awarded^tojuaty'counsT a" gainft deciding pe í y *4 hnpofed by ail' tute ¡or eftab-liftment of fer-</p>

<p>tisfadory evi-dence ⅛* is ¡ncorred, be. fore their report un.<ief £hfoccu" law ¡s quafted.</p> <p>The bond & [“¡£1ijrban<i ¿c'efsfoí dai! mam-, u an ef-Prefement «gainft occupant ⅛⅞ T,lBe</p>

<p>Taking a collateral fecu-rity of a higher natuie does not prevent an action of afiump-fic from being brought on the original contract-</p> <p>A mortgagee has hU election to feek his remedy at law or in equity.</p> <p>Money being lent by S. to W. the latter executed a bill of Tale for a flave, with a condition en-dorfed that if the money was repaid at any time after a twelvemonth, the right to the iHve ihouid be reverted in W. This is but a fecurity for the the money lent, and aflumpfic £nay be maintained for the fnoney.</p>

<p>lhJn roay be^roved by wimeffes ¡ a iurvey°r’s renot e ”</p>

<p>^ ¡,⅛⅛," at "la^ M not know of ,be of change'of vel nue to another circuit, is no ^u;ty t0 grant a new nial, when it ^ executed before the order was ®r¡*"“a’ a vj^d ⅛,," ⅛⅛ might have known whether depending "⅛ the court in wh!ch ¡t wa-commeaced*</p>

<p>In an a&íon for an aíftult Se battery, that a judgment has been given on an indidiment for the fame bat'ery is not admitiible evidence in naiti-garion of damages*</p> <p>be given ¡n «i. Genital chM</p> <p>^ ^ pontiff had u. na abuh?* ⅛⅛' *"£n<unt ^ ⅛, on , format ⅛|.</p>

<p>Land* ly«ng out of this fta é 4eyifed» do not fender the dc* irtfee liable to Che debí* of hi* teftator in action at Uw in this íbte.</p> <p>That which Would not be afleta in the hands of the heir» cannot be fubje£t to the payment of debts in the hands ofthe de. Tifce j & Unds lying nut oi th s ¿are would not render the heir liable here.</p>

<p>Specific exe* cutit'n of a bund for the releafe of the elder legal title refuted, becaufe the bond was ob* tained by 8 falle representation that the conflicting elder entry was corredly surveyed,when tht obligee knew the furvey oí that entry was made by beginning at a distance other than that called for from the ob. jedt alluded to in the entry*</p>

<p>in ejeflment taken^trooTthe records in Virginia *nd depo-gifter’Tofik e¡ñ Kentucky, ac-cerding to the theftatute Is evidence. ’</p> <p>it is not ne-ceffary m mak, of a patent that the leal ihould be copied; not that' the Te^jf-ter’s endorfement that the f/eTto thVnnd be copied.</p> <p>a patent com. gj}* muud Ran. doiph governor, Patricic HfienT governor, ¡snot thereby vit«. ⅛<1,</p>

<p>A copy of a grant, the attef. taúon of which is not in the hand writing of the regtfter, bat inthatufaclerlc of the officr, is not admiffibie in evidence»</p>

<p>f he defen dam p'eids'an imufficienr plea no irregularity theMfue' n that plea win autho. rife a reverfai at</p> <p>ftabie 'juftifies by an execution from a juftice his plea ought to (how that the amount of the rédifiion oí & 'hat' day.</p> <p>it u not the ?roper. ty levied was ⅛</p>

<p>In eje£fcment demife laid in the declaration by ** John Gil. kerfon, artor-f)e> in fa£t for the heir» - of Jame» Gilker-fon,” nyi'hout na ning the lef fors of the pl’ff u iafuScient,</p>

<p>of me'tenan'un common will not prevent the tatíons °f f™m wimmg again» a coteuant.</p>

<p>That one of the defendant? m an aft ion of covenant, to whom the de-fence of the fuifr-was confided, was fick, where by he could not pofilbly attend the trial with any degree of compojure; that if he had been prefent they .could have fljowQ payment e/ the whole*or **arly the whole ¿emand, is no caufe tor a court of equity to decree a ne w trial.</p> <p>The chancellor has the power to award new trials at law in certain cafes, but it ihould be exer-cifed cautiouily.</p> <p>Setoff of the whole demand muft be pleaded at law, a partial fetoff is caufe for applying to a court of equi.</p>

<p>a fuit ⅛ chanceryagainft ¡ntereft ¡„ land, t0 /“tie inter-as t0 all the de_ fendants at once</p> <p>de^"oneaaainft „onrefidea8t*de-fendants on ^““no^been ferved> or pt00f of publication</p> <p>^ made” by fent of the par. tles *>y ⅛ defendants who have appeared, an° pi pearance of the nonrefident de» fendant*'</p>

<p>The legifia-ture had power to provide chat upon an appeal from the judgment of a ma. giftrate the circuit court ihould try the Caufe as if it had originated id that court</p> <p>And upon fuch appeal the queftion whether the a& giv ing juftices ju-riidi&ion to the extent of fifty dollars was or was uot confti-tutional, cannot arife.</p>

<p>If a par wants a dife very to be ui in a trial ar I.» he truift eabil his bill ot dj covery in eqi ‘y*</p> <p>A court law cannot ri a party It,, a fwer inritrcg tones in t pregrefs ol t; trial.</p>

<p>Apreeme-t with -is c ane fto'o . duSTu» macb.ne., *«. »re to be paid «e**?w*e nSp ' .n wh.ch •*» w,il lu m tdv. r of a £.T.j "he m>ch...es, *c.</p> <p>betw«n°feVuai pair,-.s, > the imeteft s ieye-™t, >n- adiion «aína one pi the partners on-1j’rb{1,lbeJfo!w the C0Tenant is made,</p>

<p>Tenants in common cannot recover in an eje&ment on a jr’int aemife. gDevife of land to feveral 4 ‘according to quantity and quality, each taking poflel fion o# his par , when he comes ot age j but if one or more of themjfc fh -aid die bSore they come of age, then their part to be equally divided among ft the liiivivors,” creams an el-./ cate in com-1 mon.</p> <p>Upon the dtatB of one oft tne ofcVilets Before he became of age, his pare defended to he lurvivífíg 0⅛⅜ i-1 ees , but it he. dieu aiter k» then to 'his brothers and fillers : and in ah ejectment by '.hen» jointly, they múft prove that fie died alter iug bí a6e.</p>

<p>5a trefoafs sj-'inft K-verai, n the plaintiff iaiis Ki prove sil the defend, ants guilty, th'j court may di reít the jury to retire and find as to the defendants again ft whom there is no evidence, before the- caule is difpofed of as to tne othefs*</p> <p>A periorj entitled to the poffetfion of real property.as tenant in common with another, has a right to enter on it, and tiefpafs will not lie a. gainft him or others who a£ted under his dire&ions at that time, but it will not juf-tify a personal injury.</p> <p>Agreeably to the ftridt rule ot practice the perional injury ought to be laid in a fepaiate count ; but it is only form, and the objec. tion will not prevent a re* covery on the</p>

<p>A copy of a the^rc ifteCs office in^Peso* fyivania, apid certified under ⅜⅝ °\s 4pt evidence here; ic does n»t thiTaa or con" grefs of 1790. but it dr.es un d'r th* be°aáthent¡ca-ted according to ' fCth ^r°Qfiims ° *</p> <p>A convey-anee made prior to 1758 cande-nve no benefo from the concerning champerty and</p> <p>in fcree' prior to ’98, ¡and íteíb btteéd of bargain ^and íaie°¡ but at ruc*>a convey, tute 0f,u,e. by transferring the he t,ai’ ‘⅛⅜* ⅛' bargainor a„uia b' Püffeffea of ve'ed""1 ⅛”*</p> <p>bold» there I» a pofltffion ⅛ ⅛"™ ‘The ufe, nor «,. ■ c re-unless L na* poffcirun</p> <p>⅛ '^a ¡ndiiper.t b e ⅛:na pu p fe nopérfon héia! ⅛⅜ sdveriei,, *£*' * fu8iil--of. feffion .. rak.ré .««rfei., ine lK'!m glVf‘‘ bf i, n*w enable» the p^n ee to haTb^ allied right ot entry, no-.iie.»b!e,& ⅛⅜',*'?/ ⅛|⅛„'hewP°ae ⅛< date of the íeeil th‘ bar* ^¡Tany^titif, but tor »u the ian» included in at * that1* &time hejd adveneiv, the title pafled by the deed.</p>

<p>One wh» en. matkedTnnn^ darks, is poíiH. fed to the ex-boundaries ⅛</p> <p>The entry of one within the lines &fencing out his a (lent, cor.ftitutes a forcible entry,</p>

<p>A guardian cannot by his agreement fet afi^e an award in favor of hi$ wards under i íubmiffion made by him;</p>

<p>A joint cot'snanc by two, h not afiijna-Lle againii one.</p>

<p>A copv of » will certified by tbt clerl* without the fcal of the court, affft without proving it to be a true copy, is admiflihle i/j evidence.</p> <p>A will made 101783 belorea competent num ber of witnef. fes, 8c certified to have been proved and admitted to record, preemption is that k was fo proyed.</p> <p>When the court certify that a will deviling lands from the heir, hid been pror ved and record.ed, the court will prefume that the heir at law was fum-moned to con-teflr the validity*</p>

<p>On the iffue of non detmet b¡ú Of ha of! tiered in ev¡-ee11" m*y be thao the fub-feribing _ wit-accountin'^for their'abfence!</p>

<p>To take judg. xnent by default Sn an a£t»on of debt» without difpofing of 'a plea filed, is erroneous — See Milner vs M'd-lertante 34.1.</p> <p>Debt againft W and R as a company, on a note given by Vi & Co.j plea by R that he was not at the date of the note or any time pre. viou8 the partner of W, is Sufficient to bar the afilón a-gqinft him*</p>

<p>If the fub-feribing witnef-fes to an inftrument are dead or beyond the p ;wer or the court, their hand writing, or that of the party, may be proved.</p> <p>A perfon who conceives him-felf to be in'er-efted in fhe event of a fuit, though in fa& he be not fo, is an incompetent witnefs.</p> <p>If the ftatute begins to run sgainft the ancestor, but by his death the land defeends co his heirs, who are infants, che Statute does not run on, but the infants fhall have the time allowed by the flat-ute after ar« rivmg at full age to bring thtir afUon.</p>

<p>A deed con-▼eying property lo truftefes to be fold for the pay ment of debts* held fraudulent becaufe judgments wereobr ta/ned againft the debtor before the deed was executed--* the creditors wer^nc't parties to the deed, nor contented to its execution — the deed contains no covenant by the trufteea to fell and drfpofe of the eftate for the benefit of his creditors— and the property remained in Ihe jfofiefljon uf the owner.</p>

<p>taní warantí bems del‘wed t0 * p” °n t0 locate, does not authorise him to Cell them $ the right is not thereby transferred, but attaches to the land iecured by the warrants in the hinds of the purchafers.</p> <p>Without a Special agree-flient, a locator of land cannot demand for hia íeryices a part of the land located. but he is entitled to a realonable com. peniation in money for his fervices and ex. penfes in locating, luiveyirg and pa.tiring the land ; and unril iuch com. peniation is made the owner of the land is not entitled to a decree.</p>

<p>Scire facias on a recognizee of fpecial bail, «We, W M, &e do haiby acknowledge •urfelves fpeci al bail for W S, in the Logan circuit court, wherein J K. is plaintiff Sc faid S defendant ’* The fcirejacias OUgh: to aver before wh it was taken, and the recogni aance ought to have referred to the fuit as depending in court at that time.</p>

<p>An authen. a* win* roved & admitted’to re cor« in Mary-that ftatepfe ad. mitred to record ‘c”'y oort'⅛⅛ record is admit, fibie evidence,</p>

<p>a court of e-¡⅞? w¡‘! not ‘fro " the allegation* ¡<; appears that h“TrémeI dy at bw.</p> <p>Afcer (.he debt J^rtI¿“h01, * negro was given is Paid> *e m'’r,gagor ma7 tion at iaw\é recover the ne-</p> <p>ctf tent to proveby parol evidence that a bill of ¿ale, abfolute on its face, was only to operate ■ as a mortgage.</p>

<p>time will bar a purchaser of lard from his rirht to a fpe-c fi execution o. he contrail:, where he or tho.e underhim . h*ve been in con' r>ual pof-feffiou from the dme of pur» chafe,</p> <p>A bond for the conveyance of land prelum, ed to be given tor a good con-, fideration, in the absence of proof to the contrary <& af. ter a long pof-lelfion under the contrail,</p> <p>A bond to mJce “a good and fufficieat deed'* to land, requires a gene* ral warranty — » ft. Dec 47, 195-2 Vol. 171.</p>

<p>In a joint action againft fe - vera!, and return of iheriff fi not found,” as to ihree of the defendants, the pl’l^cannot take judgment againfi the dePc on whom proofs is ferved— jSutler nj% Stump ante 387, & the cií'ss ihcts tked</p>

<p>in a joint a^‘™ hagal"i cannot'wkhLt any caufe dif-continue his againft the 0.. ther*'</p>

<p>ind foTfaning u convey land; the conftdet*. ,¡un ot ¿alM¡ g«</p> <p>. Bur In “ *?♦ A* value w the criterion of <⅛-“*88⅝*'</p>

<p>Incover^che amount of a pro ceiled order,the execution ut it muft beptXd"</p> <p>Where a wii-ting forms the c¡onS °f too/of ⅛"’ execution need not be plea,"11' y</p> <p>Profert of a writing ihouJd where ft iTihe foundation of the action.</p>

<p>To a hunt in chancery by an assignee against the heirsof the obligor for the specific execu-ilon of an obligation for the conveyance of land, & a com-pexiation /or a deficit in the quantity, the affignors & ex ecutors of the obligor ftt'iild be ma^e par iej • — Ailtn G& ux vs .rockett <**d Puttort, ana 240.</p>

<p>The ¾⅛ of whí^/íL .Thi! reo to another, the *eii«rightof property, & hd bill of luic is not as to creditors fraudulent* ptr Je% becaufe plT'tiin was not ¿¿tualiy gi* Ven to the pur-chafer at that time#</p>

<p>A court of e-^uity wilt not iuftam a frill in favor of the lender ,o reco Vet money lent On a ufurious concnd*</p>

<p><£n occupant of Und to be entitled to pay for bis improve, ments under the occupying dti-maní -awth.»uld deduce a tegu-lar title fiom the comm, n* weaTh</p> <p>It the occupant holds a det-d which covers the land, )<t it in deducing the title it appears that cbe patent Mndfir which heclaime does not include che land, the deed alone Will not bring him within law.</p> <p>The failure of the luccefsful claimant to obje£ to the occupant’s title when béa ;plies for the appointment or com - ndiikners, does not oar his right to objcdl when the report is re» turned*</p> <p>The fuccefs-fui ciaimauTs making election to take the value of the land, after a decifion overruling his motion to quafli the report, does not preclude him from af. ftguing that de. cifion ior error in this court*</p>

<p>A county couré has no right to appoint com-rniiiiobers Co áfijgn a widow dower in land alienated by her husband befort his -death.</p> <p>The a£i au-thorifing them to appoint com. miffioners to aílign dower, extends only to cafes where the husband dies feized of the land-</p>

<p>Where a flream is the dividing line berween two c unries, application to cre£t a mil!dam acrois it rmifl be made to the court of the county wherein the lands pro pofed for the abutment are.</p>

<p>Where j lift) ofivooEefidwits lands is aover»* tiled on exig fheets to accon paay the new pa pet of .public printer, '& number equal to the iu c feri * beca mu ft be .publi/hed, or «he úie made under ic willbe void.</p>

<p>A receipt for fun> of m >ney ⅞⅛ ,irt of the pur, . ⅛⅞*‘⅞ Without fytci-<Vin« the term» ?' th'cofntr“a* memorandum"" a» take the °f ⅛ ^*“⅜ juries,</p>

<p>In an adlonron a joint obligation againft two, one pleads that he was only the lecutiry oi the other, ¿ that the plaintiffs had neglec. ted to bring tuit until the principal had be» come infoivent, is insufficient, and judgment snay be rendered againft tnem jointly.</p>

<p>Affumplit a-ganft a'im’rs. and p eaftatute of limitations, replicar ion chat fu r was inftu $uted wifhin one yea*" er ⅝⅛ death of the infdliCejSt that five years after the action as* crued had- not expired at the time of the in* teftate s death» is not a fuftici-ent anfwer to the plea, and an ifiue joined on a rejoinder thereto is immaterial</p> <p>When a da-rute begins to run it continues to run until it operates as a complete bar — - Contra, ante 43*</p> <p>£$uere, whe*, the» the aft of 1811 (4 Litt. 209) by prohibiting fait from being brought againft executors, &c. until fix months after they have qualified, ought not to^e con-ftruecT Co fuf-pend for that time the running of the fta. tute as to demands again ft dead per Tons ?</p>

<p>* f-o^Tum |⅛'0⅛, **⅞ ⅛⅜51« agáiníl 1!⅜⅝8,⅜ Lh oi the a Ihér iinnecé®- **'</p>

<p>bod ma'máin t°'J MTtó¡on by petition and iummons.</p>

<p>Execution if. fued for i cent more than the judgment; the variance is a clerical mifpri-lion and may be corre&ed on motion to the court, but is no caufe for qualh* ing the execution. '</p> <p>Whether a replevin bond is fiaken for t£a much or not, cannot be inquired into in this court 5 ap4 plication muft be made to thq court' below to corredt the ex-cefs, but it is no ground for qualhigg the .bond.</p> <p>It is the duty of the clerk, where the fir ft execution ifiu* ed on a judg* ment is endorf« ed to receive bank notes, to make a fimilar endorfement on the execution which ¡flues on the replevin., bond*</p>

<p>Where a fúit in chancery is ievrved ia the names of the heirs of a de-ceafed defen. dant, they muft be íerved with a copy of the order of revivor</p>

<p>A written agreement cannot be added ca or varied by pa. rol evidence.</p> <p>Parol evidence that the feller of land agreed at the fale to extinguith an in terfering claim, inadmisible to vary the contrail.</p> <p>A court of equity may fet alide a written agreement for fraud or miftake</p>

<p>, *f" made between heirs and ano-aa'weius ⅛ guardian foouid pot be named'</p> <p>fubm;ffi0n of the «mtroveríy '"’a ful' dePen* tbe parties, when no ⅛⅛ was.depending, waidmadeun-der the order of</p> <p>iilg conteit may; without a prement of the eontrovafjj ^ have an order of court refer-ing it to arbitrators.— Em. trfon vs. Hut-cbtjott, 2 vol.</p> <p>A fuit which has abated by the death of one of the parties, and never reviv. ed, cannot be laid to be depending.</p>

<p>; the^l ^county court,* after granting a cet-bfw'Val Pthe poyrer at a fub. fequent term to fevoke it ?</p> <p>auiy11 '«'leafe üebts, affent to iegaciu, alien menc/fuirs^ before probate,</p> <p>An executor ⅛*/ ¡,¡ven t0 ⅛⅛> w¡.h>ut mak-c”r!fieate-of procb"t.</p> <p>An order of court «Pe*lins g^en to or.e peri™, g‘ves,no ri8ht '“m 'niSórta fue on a bond siven t0 ttis</p>

<p>who fells pi8. p«rfy muftper-£eaC01|¡J® .‘“1* of office may</p> <p>cffice convey land fold jb^ladpredecef'. a the pttrehafer produce» the jjVauffrom'íta former fheriff of d»» aituai money? ° ' ⅞</p>

<p>• Jn ejeftment the court will permit the pi'ft* before trial to amend his declaration fo as to make the detnife fubfe. quest to th$ date of his title</p> <p>A depoiltion taken de bene ejfe at the in. ftance of one party, and con. taining interro. gatories pro. pounded by the other, and an. tfwsrs thereto, will be permit. . ted to be uied in evidence not. with&anding the party at Whole inftance it was taken ob. je&s.</p> <p>A copy of a will regularly authenticated, which was proved and ad, Butted to tz% “ri agteeabij proved and ad-muted ⅛ ⅛ evidence-»; Otuings t/s Uhrj) 45°<</p>

<p>Purchafers of lefts holding the legal title pro-tejo from a pfior equity tot vrantof notice.</p> <p>A memoran dom of the distribution of lots among the feeders of a town kept by the truftees, is not a public record, and therefore not noú ce to purchafer that a prior equity is held by others.</p> <p>Tenants In poffefínn, tho’ they had notice before they pur. chafed, may ptoteft them felves under thofe who pur-chafed without notice.</p>

<p>In debt on srecord of «no-‘her «ate,inter, debt and writ of inquiry a» to-⅛?,It Vert» for the jury to finá rhe debt to ^ damages5'*</p>

<p>The copy of * will proved & corTin6 another ftate, without being proved & counf'tourt in thíTftatet'ífin! admirable evidence to (how of title.</p> <p>a teftator au. thorites his ex-¾¾ °o( * them, to fell ⅝ c«ny?y .hm}-, leftthaTa ma-jptity does not B»& the-fit!e at</p> <p>⅞,. tutpthe faie & '«pwww," «f land deviled to be fold by ex’*» tutors may be maoe by fuch o; * hem as twi-dc-take the execution of the win,</p>

<p>The failure to perform an independent co. cannot pleaded in bar to an adtion another.</p> <p>One agree-rr.ay ope. rate as a derea fance oí ano* ther, but it is matter of law depending upon theconflrudtion of the milrument ; and a plea founded on a parol aver* meat that it was fo intended 1$ inadmHhble.</p> <p>In indepen-dant covenants, the reciprocal covenant is the consideration,& not the performance.</p> <p>An agreement contain* ing independent covenants ihows a fufficient con. fideration, and a plea denying it is inadmiift. ble</p> <p>A bond not to exercife a trade in a particular place, if given for a fuf. ficient confider* atloo is good.</p>

<p>Covenant for the nondelivery of fait* on the iffue of cove, Hants perforoi. cd a receipt for salt and whis. key is not ad. miffible.</p> <p>Another co* venant between’ the fame Par« the defendant confeffed that ^ ⅛ latter bond; foch conftffion* arena evidence nant ftould be¡ fore it was ad-á ⅛/⅛⅛* fcr¡b¡ng witrtefc</p> <p>Formal de-kQ> in * P*** ke^adva'ntagé 0f on general demurrer.</p>

<p>The (laying of an execution which has been «Ip«ty°of the defendant, does not dlfcharge</p> <p>of ex ecutiony never operates as a exce «^agreement!» made between 3nd ofaabn crea* ted.</p> <p>key is rhe 1"5'0⅛ miffibie.'Xc‘“telr0"™ Another venant «ween tbe</p>

<p>coiu/not under the aft of 1796 reiinquiflun ef, tate of mheri tancc before two magiftrates without they were empower. fioj/fronTThe clerk of the court wherein to'be'recorded',</p> <p>. muft unite in a cove/O0f Uní *</p>

<p>Debt on ⅞ note which was given for ⅛ clock, a bond warranting the clotk,andapro. mile that if the clock íhould not prove good that they would either make it good or replace a good one before the money íhoujd l'e paid, is not adnvifiolfc to impeach ihe validity ct thb</p> <p>For a breach of its ftipula-tions it forms the baüs of a feparate a&ion.</p>

<p>An aíhon will deputy ⅞⅛"!⅛ for a breach of his official du-broaght'a gal rift the principal, though it be for the deeutUlt °f</p> <p>Nor will an aftion lie on the pramue of an that which it was his duty to done--</p> <p>ffieriffbyTde1 fendant in an execution for finglgCproperty taken by him to fatisfy it, the execution^muft be averred, as well as the va 1 ertyftakenPr°"</p>

<p>A variance between the prortiile laid & proved, held fatal*</p> <p>A receipt af, ter the promife considered a discharge of the demand*</p>

<p>A deed put. executedfc0 the heirsVf the Pa. tentee u not frmafacu evt-are the heirs— the queftion is matte[r ^ dea*Se pa! tentee and their relation to him fhould be proved</p> <p>An order of publication a-gainit abfenC defendants in chancery does not operate as notice until it is executed»</p>

<p>“J? '⅝⅝6. • or^dhlinam the⅛⅞⅛⅜. A. warrant</p> <p>b.D-edrs|in?y t0" extent of pof-feffion> bu[ not of pofliffionf ⅛</p>

<p>4 Ir> adlions of tort the law has fixed no criteri on of damages» but has confided the mea lure of ccirnen-fation to the difcretfon of the Su!>f</p>

<p>On a queftion of boundary,the courle of a line to be extended according to the magnetic meridian at the date of the deed, Sc not the true meridian,</p> <p>Comfe and tí line/'</p>

<p>The ftatute againft gaming advanced" to be bet <m a game, as well as to der"e!t’hf "ro" or«mr™a founded thereon void‘</p>

<p>A£licn againft afheriff for tah. ing an infuffici* eht bail bond* the declaration fliould aver that the defendant in the fuit in which the bond was taken failed to appear.</p> <p>A bail bond taken payable to the plaintiff in the a&ion* inftead of the fheriff, is void* and the plaintiff might taka judgment a» gainft the defendant & ike-riff.</p>

<p>A bond given rlff»tbeprin" ripai forv the faieof the office, is void.</p>

<p>In an a&lon againft a iheriff for an efcape of a debtor taken under a ca fa, the pí'ff ihall not have judgment unlet's the jury who tries the iffue fhalL exprefsly finct that the debtor eicaped with the confent ojf the íheríff.</p> <p>It the flienff by his plea admits the necef» fary fafts, the court rray render judgment^ without the in-terventioD of ji jury.</p>

<p>After ajudg-went of the adjudging a peí fon liable to a line under the formakingíhe" atrícai exhibí tions without ^smifeíC síd gives his note *r the amount would' Mhave paid it he had complied with the bylaws, he mined to impeach the con-notion'the !u' geftionAat the truftees had no power to make when therfh ho (uggeftion of fraud. <* «™ftfceconil' promife</p> <p>rhe nlent of * cr'u-rt ⅛⅛*, whe. iher i' be em>“¿‘,⅛ or."nr’ls main, ⅛ conciufive upon tlie parties.</p>

<p>Where a con* trait fur the fale or land is within the fta-tute againit frauds and per* juries, the improvements made on the land by the pur chafer muft be paid for berore poiTeflion is given, deducting rent, &c.</p>

<p>■Afiurnpfit will líe -o recaver Uk . money which had been advancéd upon a fraudulent cor.fideration.</p> <p>A magiftrate has jurhdiiUoni of afluoipfit for moi.ey iairt out ⅜&⅛ expended.</p>

<p>The occupy, claimant h'V of t8iZ «-e. t> c»u'.es •which wi*re ce-lermmt's R1 r-he jircuir courts previous to its «¿ftage & were ¿•>pending in ’he appellate court when the „ ) pilTed, n->t. «.ithft ¿tiding as nie improved d Che deci-ú pi the in- ¿ =■ or court is ¿íjhmed.</p>

<p>a perfonen-ter» on land un. der *n asr“[huíame1 for « term of years, bu? ⅛<⅛|* .* difeovers that the land ⅛ co-ver?i ⅛* rein the leflee he «t ‘hbe beft w¡th\hee other claimant ¡ the foffeffionof the leffee after the "'.'"ex' tends ni> rur-ther than his añuai occapan.</p> <p>a poffeifion to bar an entry twij/adverfe of ieffio*.erCP</p>

<p>Ia bitf> areCubftantmily proved by evi. **⅞ the juond per. '®“*</p>

<p>A power of attorney acknow. ledged belore a mayor in Virginia! not fuffi cien authentication to admit ⅛ » evidence in this ílate» ‘without other evidence ot iti due execution^</p>

<p>The legal right to (Uves gives the owner right to maintain aa aétion to recover the poflef* fion, although he may never have been in a&uai poiTef lion-</p> <p>After fale & deed executed foriUves, the property is veft, ed in the ven-dee,. without delivery of pof-feflion, and an action cannot be maintained In the name of the vendor to the ule of the vendee,</p>

<p>An eje&ment csnnor he de» fca:erf by the lenint’s ih^w-in* ¿n adverfe grant of the fanv date oftbe pJunniffs. when th. y ihovv nd title or cmnec tion betw.en their pcfleflhin and the acveife grant.</p> <p>An ejectment snay be defeated bv ihowmg a paramount ti. tie in a ftrang er> but a ¿rant of the lame date is not paramount.</p>

<p>A power of attorney proved and admi tid to record if Virgin eia, and atteft-ed by a clerk* without the cec tificate ol the judge, chief juf tice or prefiding nlagiltraie, i§ inadmisible e« vidence in this date, uniefa its execution is proved</p> <p>The execo* tion may be proved by one of the fubicrib* ing witneffes.</p> <p>To read a de. portion taken dtbtntejje, proof of the abfence of the witnefa from the date* Or his inability to attend,(hould be made — Void 3> *°4</p> <p>A commiffion ⅛ unnccefliuy to authorite a dU<tlfHnns'ake</p> <p>*⅛ or notice need nut ri cite tionL '.ken ¿í tun eft.</p>

<p>On a covenan where the fub-jetf comprehends a multiplicity of matter, it is a rule to affign general breaches.</p> <p>Covenant on 2 guardian’s bond. breach ft that the guara dlan failed to coheét fundrjr ¡urns of money due faid ^vard, & alfo in impending. and wafting the eftaceor faid w *rd,’' is not too general.</p> <p>Alfo breach for failing to colled money due faid %uard9 is not broader^ than the cove, nanc which re Quires the guar, dian co coi If ¿I fuch raney as übnoid breóme due *( Jaid ward during her nú-writy.</p>

<p>' íf a tenant holds over after the expiration of the teafe,not, wi'hft^miing it ÍMy h-»ve been for more than a year and by pa roly ttz cannot Cpnteft toe land JordVtirle, and ■ warrant for a forcible detain. *p will lie a gainft him</p> <p>The tenant ⅜ «(toppednon deputing th« landlord’s right and the holding over ot poffef-ficit Cofift'tUlC# in law a torcí»' ble detain er.</p> <p>A notice to quit the pufief-fion before the Warrant iflues, where the tenant h Ids over adversely to the landlord, is not neceiiary.</p>

<p>a decree *- gain» H for 4°° 0“* 0f"W0 trsfls, U nor carried into eSe& “nt'' '"8 tímóT^the ** «hole of one of *he "a£$s 18 ta* *himy a decree for a convence of tet’r»a ° (which he had. eieftcd to coo-penfation in da. mages for the "fiaac e°f ¡s'e^ roiieous;’and a decree direaed for a convey ere"of the 0-ther traS,</p>

<p>A power of at. torney acknow. lodged and recorded In a county court in Virginia, & ad. mitted to record ¡n this ftate upon the certifi cate of the clerk, without the feal oí the ftate or county being affixed thereto, is not a fufficient au. thenttcation, & a copy oí fuch record is not good evidence*</p>

<p>Upon count for money bad and received, proof of a fale of the plaintiff’s property for mo ney made by defendant, is admifiible evidence,althoughi the fale was made without the confeat of the plaintiff.</p> <p>But fuch evi. dencewould not be admifiible under a count for goods fold by plaintiff to defendant</p> <p>To fupporta declaration up* on accounts stated, proof of a fet; lement ' of accounts is repaired.</p>

<p>TTpcm a bill in equity to redeem property purchafed by defendant at Sheriff’s Tale, proof that the property was purchafed in trurt tor the complainant, & only held as a pledge, after a pofi’tflion of 20 years by the purcha.'ers, ihnuld be clear and explicit.</p> <p>The vague impreffions of witnetres will be cautioufly received to ¡n validate an ab folute bill of fale. after fuch length of pof~ ¿efiion.</p>

<p>A defendant to a bill in e-quiry being inverted wrththei legal title, altho*- acquired, by means fan aiBgnn-ent not ftri&Jy regular# may repel the claim let up by ihjwing an e* quity combined with the legal title 1 and % transfer by an agent not haying a regular power, but whofe»a£h were p$know-ledgekTahd acquiesced in for a great length of time, will be íuffic¡>inr to rebut the demand o/ the principal</p>

<p>The tionof «iiwri-u”s‘ which a« fubfaibing wit. ncfs> unle)5 he ^ecdead’abr<!ai</p> <p>Another wit. nets cannot be m-,'"duc<'d to curian of an m. ftrumen-.,where it appears that in the Hate and was '“m^ned the date at the</p> <p>• ^laWu?7" perions who Paid money as leLur,7 *? ”” fummary way, is not uncon-ftlfutl0nal*</p>

<p>At common law a jierlfacias fcad rc-lau.Ri 10 Us reite, and bound the defendant's ¿-nods from 'hat time.</p> <p>But by <>ur fiarme an exe cution dots not bind the iftate of the aefend* ant until the time of its delivery to the officer.</p> <p>A lien created by an exe cution is not continued after the return aay of the execu-tioni</p>

<p>A writ of er. ror cannot be im'ntalned in the name oí the commonweal' h at the ir.ftance of an individual to reverfe an or. der of a county Court eftablifh-ing an inflection* ,</p>

<p>In a fuit In chanctr^againfli an heir for the fpccific perform anee óf a contrail for the fale of land, where the execution of the contrail is denied, and the fubferibing wit. nefles all relide out of the ftate, proof of the hand writing of the obligor and oneot the.wit-neiTes who is dead, is admif* fibie evidence.</p> <p>DepoQtions for the purpofe or proving the hand writing, admitted without exceptions, their competen, cy is thereby coniefled.</p> <p>What cir-cumftances not fufficient to prefume the cancelment of the contrait.</p> <p>A court of equity will enforce the fpeci-fic performance although a lap/e of 20 years be* tween the mak, ing ef the contract and com* jnencement of the iait, where it appears that the obligor ne. ver refilled in this ftate, and the purchaier loon after the purchaíe toílc pofTeffion and made valuable improvements, and continued in pofleffion.</p>

<p>If a leflee of a tra£t of iand for yews afligns his whole term in part of the demited piemi. fes, the leflor may have anac. tion againft toe aflignee for he rent which accrues after the alignment.</p> <p>It the leflee transfers the de. mifed premifes for a part of the term> he t0 * made";. but a fubieffee and ™t JiaMe j°^e orlsln*1</p>

<p>In aftion on a covenant to pay property, it is dilcretionary with the jury to give intereft on the value of the property or not, and it is er. rór to inftiu£t the jury to give damages to the full amount of intereft, Sec.</p> <p>It is uiual in debt on a judgment to give the intereft in damages, and in fome cafes only nominal damages, at the diferetionof the jury.</p>

<p>A court of e-» quity will fuf-tain a bill bythe late widow of an ínteftate a« gatnft his admi. niftrator to ie« cover her (hare of his eftate.</p> <p>Entire copies of judgments or decrees rendered againft the adminiftrator. are admiffible evidencetoihow the amount for which he is made liable» without producing complete tranferipts in each cafe.</p> <p>The diftribu* tees (hould all be made parties</p>

<p>A decree was reverted and the caufe remanded to the circuit court for new parties to be made; an a-wended bill is filed mereiyma, king the proper parties 5 a former defendant will not be permitted to file an anfwer to that amended bilí, fetting up matter not char, ged in his ft; ft anfwer, when mo reafon is fug. gefted why it waa not relied on in the firft: anfwer 5 thea-mended bill making new defendants does not per Je give Che right.</p> <p>A defendant who fues out a writ of error wilt not be per. mitted to aifign for error the correilnefs of the decree as to a defendant who did not join in the writ.</p> <p>If a transfer from one co-parcener to a «other is not fufficient to warrant a decree /or land in fev~r of the perfon to whonj it is made, the perfor.s making it may be made defendant ro a bill to lettlrad¿ verfe claims, Sc if they exprefs a willingneis to perfe& the transfer, the court may decree them to make a fuffici-ent deed.</p> <p>The alignment of an entry does not come within the ftatute a-gainft champer* ty and maintenance.</p>

<p>a grant ¡fib. edwhiift a ca-^“'“^'"under 2¡t u depending, u fraudulent and</p> <p>copy of the caveat muit, withi? © daJ3 ter, be deiiver-ed to the clerk ⅛,⅛ rff intends tupro-fccute it, other, mrne'void1'*&" ¡f this ¡s ’not done it is not afterwards* does not come with-in the law></p>

<p>Land nor fub-jeéV 10 p-‘) ment Of <*?btS COfi’ era£r.¿ pricr to 3792. * a ule am. i-nvcyaace or ¿aid made under an .*se cut-i>’> m fuch cafe confers do title.</p>

<p>oflVffioner lof Lnd is adverfe to a certain ⅞⅛”'» be found by the jury,</p> <p>ce(^r,s adverfe poffef-ifon ftouid be c°“ render;t tr’anf. fcrabie.</p> <p>^ ⅛ ⅛⅛ dant guilty as to pan, and not to t e</p>

<p>A note given for lottery tic kets loaned to be betted is void under the ftatute againit gaming.</p>

<p>Pr»bate may-where the «i-g'na| cannot ta produced.</p>

<p>The defendant in ejeét. fnent eannor a vail himfelt of his poffeffion anterior to the date of the plaintiff's pa Cent.</p> <p>The right of entry on land accrues only with the emanation of the grant*</p> <p>The com monweaith cao. pot be diiTeied; ne¡-her doe* the ftatute of limi Cation» run a-gainft he com-naonweaith.</p>

<p>tor> decr'e°ufá coon of than-eery in Virginia «i°uoe the party again» whom it is made from ^ueftion ng us controverfy about the fame ' of'^his country.</p> <p>a teftatot w'^th^uf h'f the* plantation whereon he liv. ed, and three tauT^perfonai property, dm-Ipg her natural Í!fedafÍJhero his two-funs a and w, as he ter" mm ion— by a fublquent cíame he gives oMand^'toW* and ui eh” balance of the p.coerty, bu h ÍmL loaned to the ’wife, to A.atterch.-de. Star*"-» b™ enti’ied o a nwi- , of the foft 'eiauf"£he</p>

<p>A cafe where charged from his liability,be. s ⅛⅛/⅛ profecute 6 the demand with</p> <p>roeotn ,rom ml of two obligor* 10 „⅛ the same of the and d“¿8 their negligence “ iailins t0</p> <p>the drcumftance of the other obit. the bondexcufe that the affign-eesever appii-ed^to him for •</p>

<p>!nt^”°e 'zná'bZlre fal-feffion ⅛ taken „ p^entM en⅛ tera upon the !aI“ the ¡⅞⅛^⅛. tioo to rake pof. ^ffion « he e/t^beTnpof." feffion to the extent of his</p> <p>the elder patentee enters upon his ^"¿¡nb“¿e ⅛' t«fertnce; hi* poffeffion ⅛⅝ not include tht interference-</p>

<p>The aft of 1814, placing perfons out of the common* wealth upon the fame footing as citizens of this fíate, as to their right of entry on land, is not a violation of the compaft with Virginia as relates to cu tizens of Virgi* ilia — they were bound by the law then ia force to make an entry within a certain time*</p>

<p>In a. conteft between claims as to bead right land, the deten, diaot, to bring hjmfelf within the law of iSia mu# prove that he was actually feated upon the land at the paf. fage of the a¿t«</p>

<p>A perfon enw tering on land under a deed of conveyance fpe. cifying the boundaries, is in pofíéffion to the extent there o^although the perfon making* the conveyance had only an en« try which did not appear to coyer the Jand^- and which had not been gerfcs* ted by furvey or patent.</p>

<p>A co“rt Wllt trial upon *e difcovery of e-™den‘e wych VVJS con. tefted on the</p>

<p>Complainants in equity fetting up claim to an entry as heirs# muft prove that they are the heirs of the perfon forwhom the entry was made. .</p> <p>if the furvey appears to be made after the period allowed for making fur, veys had expired# the complainants muft (how the cir-cumftances under which ' it was made# and how their right was laved.</p>

<p>That a notice to quafti an execution & faje made under it, did not fpecify the error, cannot be aligned for error in this court*</p> <p>An obligor ■who ha9 given a bond for the conveyance of a lot, cannot, without the af~ fent of the ob. ligee, make him a deed, & thereby have it fold for the pay. ment of the purchafe mo* ney.</p> <p>A fale made under fuch a (late of cafe quaftied, %</p> <p>That a notice was not given to the purcha-fer of the lot that a motion would be made to qualh the fale, cannot be affigned for er* ror by the pl’ff in the execution.</p> <p>An equitable intereft in land is not liable to execution.</p>

<p>forA" feTé from the ¡ntef tate, has no lien Jefe?* for 'his admm'ftrator</p> <p>a demand due by the1 n^fcte denas a fctoff to a demand miniftracor *d 1 '</p>

<p>if.a compi’t in eS“¡ty in a part, he is end. tied to full cofts</p>

<p>: renan“ “ recover in eje6i went on a joint demife — Ante</p> <p>the death of a joint devifee,his pan ibrvfvors — ■ An u 441.</p> <p>Upon a joint wSutraa.the plaintiff may recover accord-infertfthof °the leflbr» an undivided part — 3d</p> <p>ud mentwas given fcr the entire traa, when it have*5 been°"Jr an undivided in. tereft, cannot error^ln^ this court — appiica. tion for a new háve beenmade ⅛ the court be. low, if the jury fcund more dence1 author!” ftd.</p>

<p>To an aftion of covenant the delend’r pleads that it vrat gi« v«.n lor a ibve that was' un-found, which was known by cht- ¡-lain-iff but arríuüy c« ru-.eat ed $ which un» fnurdneis jen-dered him oí no value, of which he afterwards died. & ;o there was a aiiure of ccnfi eration — ⅝ is good wsrhout averring «hathe returned or offered ro re'urn the fl ,ve, it be, mg Gated that he died.</p>

<p>Mortgage of two negr .es ¡8 made to iuicm. nify a íecurúy for the title to a trait of land \ the negroes -«re fold by a ere ditor of 'he mortgagor, on 4er an execution $ th$ rnort. gagee recovers judgment a gain ft rhe ere diror for rref-bül and m-the ju ;g-«ften and off. ra indemnity as to thfetfecucuyfoip nature of the jrelter de-¿reeoHn íuch a cafe '</p> <p>T&e .mortgagor! % uid have been made * party.</p>

<p>„„ tíoo usa ieco«d *epk»,.i bund reitaies ihe ⅛ fr t bond and ■Humpfit wni fUt *"h f1” euV. y° i"C he lart bond (who to -ecv”-,t the maty raid.</p>

<p>A furvey actually made and notorious. is a good objeéfc of location, altho’Jf the furvey. wafc'l not of record and altho’ tfe cerrificacagb/i furvey doeTiajj ihow it to ha$t Oeen # made ¾⅛ the date of appendant try..</p>

<p>Location between and ad« joining certaia perfons byname —rheir claims mu ft all be exhibited — the o. mifiion to exhi. bit one held fatal.</p>

<p>An improvement known to perions the neareft which non withip^o com^iie/with other dteum ftances, adjudg «fejea of iocRd don.</p>

<p>Entry to tl in. elude his Improvement/’— one it fhown conliirin* ot a cabin and corn., field,which had acquired not •• riety 5 other ad,, jacent improve, mens are fh' wn Cf.nfift-ing ot marking and deadening trees —the ca bin and c«.rn field taken a& the bafis ot the location.</p> <p>En iy t-i ad-fet’le" lower fide, b€‘ ginn ng at theN E corner, extendiu-. down the creek, ang^ ling weft, in-eluding the creek — how to be iurveyed.</p>

<p>Cwenty years ferie pnflef-1 w^tl m*C a* 1 the defen-jt in chant e. util* is he iws that the me t-nder lich hd holds »anated twen* «ears Rpfnr#* the inftitutiott of the fuit.</p> <p>A call for beginning at a Jugar trfa corner to a fur» vey of colonel M’Dowell,’* which jugafr tree c^uld never be found, does not vitiate 'he entry, the other calls being |uf-ificient to fhovtr clearly that thé land furvfeyed was embraced bv the entry</p> <p>A call for the northeaji corner inftea.i cf the foutheaft cor» ner, cofre&ed by the other calls of the eft» tfy</p> <p>Entry *<aa bout i mi le be» low the Licking Creek road, in* eluding fh im« pr'ovementmade by R P *‘ ta be furveyed lit á fquare to car» dina! points^ about the improvement-</p> <p>Several other furveys direst* ed.</p>