« AnteriorContinuar »
1. Replevin in this state is a much more
extensive remedy than it is, in Eng.
land. Cullum v Berans,
from the plaintiff'is the gist of the ac-
tion, and if put in issue, must be pro-
ved by the plaintifl,
medy in all cases where a plaintiti bas
a right to the possession of personal
4. In replevin in this state, the plea of
property in the defendant, throws the
whole burthen of proof on the plain-
5. W exchanged a horse, which he had
before stolen, with B, for a horse of
B's, and afterwards sold B's horse to
C, for a valuable consideration, and
without notice on the part of C of the
manner in which W had obtained him.
In an action of replevin by B against
ç for this last horse. --Field, that B
was not entitled to recover. Brown
See Appeal Bond 2, 3.
Orphans Court 3.
See Appeal Bond 3.
Pleading 1, 2, 3,
1. In an action on a bond, conditioned
to refund a legacy if a deficiency of
assets should happen, after request
should be made, it is unnecessary to
prove a special request to refund.
Salisbury v Black's Ādm'r. D. B. N.
where the debt becomes due on a
contingency which is to happen after
the execution of the contract. Ib.
RESCINDING OF CONTRACT.
RETURN OF PROCESS.
Fieri Facias 3.
See Will 1.
See Fieri Facias 2, 4, 5, 6, 7, 8, 9.
Return of Process.
See Contract 1, 2.
SIMPLE CONTRACT DEBT.
See Assumpsit 4.
Promissory Note 5.
See Manumission !.
Negroes & Slaves.
See Heirs 2, 3.
See Fieri Facias 3.
decreed as to part of a square of
by the 420 article of the constitution
STATUTE OF FRAUDS.
riff, in case he shoulai be elected, A tions upon verbal contracts within the
Lamborn v Itatson,
See Agreement 3, 14,
116 Fieri Facias 4.
of fieri facias is within the statute of
182 1. All statutes made in pari materia are
to be taken and construed together,
as if they were one system; and that
see COURT OF
though not expressly referring to 2. If the party by whom such
The vent debtor, his trustee is equally
383 him to recover the goods mortgagell.
See Administration Bond.
182 of tobacco, which is not complied
with, the plaintiff, in an action of as-
sumpsit on that contract, may recover
the value of the tobacco in money,
2. Whether or not since the act of 1812,
ch. 135, 83, a judgment can be enter-
ed for tobacco? Quere.
Sce Criminal Prosecution, 5.
TRESPASSING STRAY. 1
See Actions 1.
1. Trover for goods mortgaged to se.
cure a usurious debt cannot be sus-
ed the amount actually loaned. Lue
2. If the party by whom such
debt is contracted becomes an insol-
make such tender to entitle him to
recover the goods mortgaged. Ib.
TRUST & TRUSTEE.
1. Trustees are peculiarly under the
control of the court of chancery, and
when a discretion is reposed in them,
that tribunal will take care it shall
not be abused. Darne & Gassawayo
See Bargain & Sale 2.
Bequest 1, 3.
Court of Chancery 39, 42.
Parol Evidence 12.
VOID & VOIDABLE.
See Bequest 1, 2, 3, 4,
Insolvent Debtors 2.
See Agreement 7.
Competency of Witness 1.
in the payment of negotiable pa-
Ib. 1. Whether the will in this case was re-
by the agreement of the parties, and birth of a child? Quere. Tongue v
ering the different parts together, if
it be consistent with the rules of law,
in relation to the nature and operati-
on of the estate devised, must pre-
vail, giving effect, if possible, in the
exposition, to all the words of the
will. It is not necessary that techni-
cal terms, or any particular form of
words, should be used to convey the
meaning of the testator, Beall's Les.
see v Holmes
207, 208, 224
3. Where there are words in a devise,
which would be sufficient to carry a
fee, if it was the intention of the tes-
tator to give one, but which intent
does not clearly appear from the
words themselves, then if there be
ed in a declaration in an action of sorted to, to explain their meaning.
248 4. But when the words of the de.
vise have a fixed and definite mean-
ing, and import in law an estate for
that the testator meant to dispose of
all his property, cannot enlarge it to
an estate in fee.
Ib. 222, 223
5. The rule in Shelley's case is equally
applicable to limitations in wills as in
deeds. Lyles v Digges's Lessee, 364
6. The word issue in a willis sometines
a word of limitation and sometimes
of purchase, according to the con.
text of the devise.
7. Whether or not letters testamentary See Executor & Administrator 11, 13.
can be granted by the orphans court Guardian & Guardian's Bond 2. on a copy of a will certified to have Husband & Wife 5. been proved in another state? Quere. Promissory Note 6, 7. Ratrie v IVheeler's Ex'r.
94 Surety 1. 8. A, by will, bequeathed her slave Mary to B, for life, and that at B's death
WORDS. Mary was to be free. During the 1. Words tending to charge an unmarö life of B, Mary had issue-Held, that ried woinan with fornication, are not such issue were slaves for life. Chew actionable. Stan field v Boyer. 248 v Gary,
526 2. A variance between the words chargSee Bequest.
ed in the declaration, and the words Devise.
proved, is fatal.
26. Executor & Administrator 10.
WRIT OF ERROR.
i. Where a confession of judgment, WITNESS. 1. If a witness swears that he was pre.
by way of supersedeas, was entered sent at the birth of a child, and the
into on the 17th of November 1815, opposite party proves that he was
to stay execution agreeably to the act not present, such proof is substan
of 1814, ch. 84, on a judgment rentially to defeat the credit of the wit.
dered on the 9th of May 1815, and a ness, and his testimony may be cor
writ of error issued on the 2d of Febroborated by proof of his prior decla. ruary 1822 to remove the proceedrations. Cooke v Curtis, et al. Lessee. ings on the judgment by confession
93 - Held, that the writ of error be 2. If a party objects to the competency
quashed, more than three years havof a witness offered on the adverse
ing elapsed from the judgment by side, and the court sustain the objec
confession, and the issuing the writ
of error. tion, and the party making it, after
Andrews, et al. v W. & J. wards waives it, and consents that
99 the witness be examined, the party
See Appeal 2, 4, 9. offering the witness has no right to
WRIT OF ERROR BOND. require of the court to decide that he See Appeal Bond. is competent independent of the waiver of the objection. Beal's Lessee v
WRIT OF INQUIRY, Lynn,
336 See Inquiry of Damages,
END OF THE SIXTU VOLUME