55. The usage of the land office, and the practice of the deputy surveyors, in early times, to make surveys without warrants, on being paid certain sums of money, will be received in evidence. Woods's lessee v. Galbreath.

56. Copy of a deed evidence, where a reasonable account has been given of the original. Leather et al. v. Leather et. al.

57. The marked trees and lines of survey shall govern; not the return of survey, which is only evidence of it. Golder v. Fleming.

58. A minute conformity to the laws must be proved in sales for non-payment of taxes, in order to vest a good title. Young v. Martin. 59. Papers found in the office of the deputy surveyorof the district, and in his hand-writing, may be given in evidence to impeach his return of survey. Adams's lessee v. Goodlander.

Page

306

310

311

312

60. On articles of agreement for the sale of lands, if the vendor has made a conveyance to a third person afterwards, it may be read in evidence, though such third person has not been made a co-defendant. Dearmond's lessee v. Robinson et al.

61. The day laid in the declaration, on a parol contract, is not material on evidence. Stout v. Rassel.

313

324

334

62. In a special action on the case, if a different contract, is proved from that laid by the declaration, the plaintiff fails. Umbehocker v. Rassel. 339 63. Contents of a deposition lost, refused in evidence under certain circumstances. M'Calley's lessee v. Franklin.

64. On a motion to set aside an execution, parol evidence, to vary and contradict a deed, cannot be received in evidence, any more than on a trial by jury. Plankinhorn v. Cave.

65. Ex parte affidavit refused in evidence on such motion. 66. Improvements on lands not purchased from the Indians before 1768, and not duly followed up, animo residendi, and where the party has not removed in consequence of the governor's proclamation of 24th February 1768, not received in evidence. Kurden's lessee v. Chaffen et al.

67. The certificate of Virginia commissioners is not conclusive evidence against a Pennsylvania claimant, but may be controverted. Hyde lessee v. Torrence.

68. The allegata and probata must correspond. Therefore, on a quantum valebant for service, if narr. state, that it was in consideration of plaintiff agreeing to serve for a certain time, that agreement must be proved. Philip, a negro, and wife v. Kirkpatrick.

69. Copy of survey alone can ascertain when it was made, and parol proof in this particular cannot be received. Dawson's lessee v. Laughlin. 70. Parol proof will not be allowed to contradict, or vary the certificate of Virginia commissioners, which must be judged of by its own words. Jones's lessee v. Park et al.

71. Sheriff's deed of lands may be read in evidence, though acknowledged after ejectment brought. Duncan's lessee v. Robeson.

72. Parol evidence, may be received to designate the claim of another, called for in a location, but not to set up an independent right to lands claimed under a military permit, not produced, and where an office right has not been taken out in a reasonable time afterwards.

73. A sheriff's deed may be read in evidence, though not acknowledged in court, after a great lapse of time: but it is liable to every other exception. Moorhead's lessee v. Pearce.

340

370

ib.

439

440

444

446

448

454

454

456

74. The proof of the existence of a venditioni exponas, on which sheriff has sold lands, may be supplied by circumstances. ib.

75. In crim. con. where the injury is stated to have been committed within certain days; proof of improper freedoms must be first had within the limited period. Gardiner v. Maderia.

466

76. A deed produced by the adverse party on notice, shall be presumed to have been executed, and read in evidence without further proof. Frantz v. Harman.

77. In slander, the plaintiff having proved the words laid, may give evidence of other words of the same nature at different times, to show ill will in the defendent. Shock v. M'Chesney.

473

VOL. II.

381

78. Ex parte depositions are no evidence to establish an independent title; but may be read to establish mere boundary, or by way of corroboration of testimony. Sturgeon's lessee v. Waugh.

79. On an indictment for perjury on a trial at Nisi Prius, the postea must be produced in evidence. Respublica v. Goss et al.

80. The testimony of a witness, (since dead,) on a question of bail before a judge, is to be considered as his declaration in pais, in the presence of the party, and can only be received in evidence, so far as such party agreed to it. Jackson et al. v. Winchester.

81. The copy of the records of a court of Georgia, not having a seal, nor certified according to the act of congress of 26th May 1790, may be received as prima facie, but not as conclusive evidence. Olden's administrators v. Field.

EXECUTION.

1. Execution cannot be levied on lands which defendant got by purchase after the judgment, if he aliened them, bona fide, before execution. Rundle et al. v. Ettwein.

2. A party's interest in a ground rent deed, may be taken in execution, and sold by the sheriff; all possible contingent titles to lands, accompanied with a real interest, may be seized and sold. Hurst v. Lithgrow.

Page

476

479

529

532

23

24-5

3. Leaving a fi. fa. at the sheriff's office, or at the house where he usually transacts his business, is equivalent to a delivery thereof to him. Mifflin v. Will.

177

4. On a report of referees filed in the prothonotary's office, execution cannot be issued within the four days, or before notice given to the adverse party. Barry v. Affleck.

274

5. The court will not set aside a fi. fa. executed on lands, at the plaintiff's instance, without some ground. Hunt v. M'Clure.

387

6. Where goods levied on have not been removed by the sheriff, the plaintiff doet not lose his lien. Cox v. M'Dougal. -So, in Webster's ex'r v. Wallis.

434

524

7. An inquisition is not necessary, previous to the sale of unimproved lands levied on. Duncan's lessee v. Robeson.

8. The proof of the existence of a venditioni, which cannot be found, may be supplied by circumstances. Monhead's lessee v. Pearce. 9. The law of 1700, that the home-seat of a debtor shall not be sold until one year after judgment, is now obsolete, and not practiced under. 10. The general rule is, that the sheriff should sell different houses, or tracts of land, separately. If he does otherwise, the sale will be set aside by the court, unless there can be shown a clear exception to the general rule. Ryerson et al. v. Nicholson.

11. But, a sale by a sheriff of two undivided third parts of three contiguous houses, in one lot, confirmed by the court. Prior v. Britton.

EXECUTOR.

(See Administrator, Assets.)

EXECUTORY DEVISE.

516

549

(See Contingent Remainder.)

EXTINGUISHMENT.

1. A note given by a debtor, to the agent of his creditor, for goods sold, in order to obtain a discount thereon, and afterwards given up through misrepresentation of the drawer, is no extinguishment of the original debt. Lewis in error v. Manly.

FERRY, HIGHWAY, ROAD.

F

1. A review of a road is a matter of right; but a re-review is merely in the discretion of the sessions. Strasburg Road to Black's Gap.

FORCIBLE ENTRY AND DETAINER.

200

58

1. Evidence of force against a lessee for years, will not warrant a conviction on an indictment for forcible entry and detainer, stating it to be against the freehold of the landlord. Respublica v. Sloane.

922

FORCIBLE ENTRY, &c.] (603)

[INSURANCE.

Page

2. Nor where it is stated to be against one, when there are two joint-tenants ib. FORGERY.

1. In an indictment for forgery, the party attempted to be injured is a witness; but the indorser of a counterfeit note cannot be received as a witness, unless he has paid or taken up such counterfeit. Respublica v. Ross. FORFEITURE.

1. A small matter of dutiable or prohibited goods will not condemn a vessel. Vasse v. Ball.

2. Condemnation of goods in a court of the United States is conclusive, and the property, or right of seizure cannot be again tried in an action of trespass against the excise officer. Buchanan v. Biggs.

1

178

232

H

HABEAS CORPUS.

1. Defendant to effect delay, shall not remove the cause by habeas corpus, returnable on the second return day of the succeeding term. Proul's lessee v. Keigler.

2. On a habeas corpus, where it clearly appears that a wrong person has been arrested and ddprived of his liberty, court will interpose immediately for his relief; but where it is dubious, a jury must decide. Respublica v. Gaoler of Philadelphia.

3. On a habeas corpus ad subjiciendum, Supreme Court has no jurisdiction to discharge a party arrested by process out of the courts of Common Pleas. Respublica v. Gaoler of Philadelphia.

HEIR.

(See Descent.)

HIGHWAY.

241

358

349

(See Ferry.)

I & J

INDICTMENT, INFORMATION.

1. A conspiracy is an indictable offence, though nothing be done in pursuance of it. Respublica v. Ross.

2. An information in nature of a quo warranto, being now used to try a mere civil right, is not prohibited by the state constitution; and will be granted when a fair doubt is raised, and the parties come in due time with clean hands. Respublica v. Wray.

8. One bound over to answer, who attempted to influence a sheriff to summon particular jurors for the trial of a cause. Culbertson's lessee v. Martín.

1

429

448

4. Two defendants cannot be joined in an indictment for perjury: it is a distinct act in each. Respublica v. Goss et al.

1. "The strong presumption of fraud" which may detain an insolvent debtor in confinement, must be confined to his not delivering up his estate to his creditors. Mayo's case.

2 The words, "five pounds in value," in the oath, refer to the value of the articles in 1729. ib.

3. A creditor is a witness to prove a fraud in the case of an insolvent debtor. Green's case.

166

4. A man in declining circumstances, who makes conveyances to his children, to the prejudice of his creditors, is excluded from the benefit of the acts of insolvency. Ex parte Blair M'Clenachan.

502

INSURANCE.

1. Where an underwriter has it in his power to procure intelligence, he is -bound to obtain it himself. Vasse v. Ball.

178

2. If a vessel be commended as prize in a foreign court, yet if it does not clearly appear to be on the ground of being enemy's property, or, if such a conclusion would contradict the grounds of the sentence, such sentence is not conclusive evidence that the insured has not complied with his warranty of neutrality.

3. When a policy of insurance expresses, that the loss shall be paid three months after proof made thereof, a suit cannot be supported until three months have elapsed. Camberling v. M'Call.

4. Quære, whether, when a ship insured has not been heard of above six months after her sailing, an abandonment to the insurers must precede the right of recovery?

Page

ib.

281

ib.

5. Warranty in a policy of insurance must be strictly complied with. Murgatroyd v. Crawford.

420

INTEREST.

1. It is not a matter of course that rent in arrear should pay interest, though secured by deed. Smith's executors v. Montgomery.

72

2. Vexation and unreasonable delay would subject a debtor to the payment of interest, in an action for goods sold and delivered. Christie v. Nagle's

executor.

INTESTATE DISTRIBUTION.

1 Where lands have been directed to be sold, by the Orphans' Court for payment of debts of an intestate, &c., the surplus shall be distributable as real estate. Diller v. Young.

2. Lands of an intestate, valued by an order of Orphans' Court, and sold by his daughter, evidence may be given of the illegitimacy of such daughter. Davis v. Houston.

3. No child of an intestate can defeat the operation of the law respecting the appraisement of lands; but their vendees, or judgment creditors have a lien on the child's proportion of the valuation money. Diermond's lessee v. Robinson

4. Children entitled to the distribution of lands appraised, bound to give refunding bonds under proper circumstances.

213

261

289

324

324

5. Under the act of 1705, "for better settling of intestates' estates," the real estate of a mother, being a widow, is subject to the same rules of distribution, as that of a father dying intestate. Eshelman's lessee v Hoke. 50g 6. A child dying intestate, without wife or child, the father takes all his personal estate. Robinson v. Robinson's executors.

525

7. A brother dying intestate in 1794, (after 19th April 1794,) leaving neither wife nor children; his brothers and sisters of the half blood are entitled to equal distributive shares of his personal estate with those of the full blood; the act of 19th April 1794, not providing for this case. Preston v. Perrel's administrators. 545

JOINT-TENANCY.

1. Deed to A and B, their heirs and assigns, tenendum to A and B, their heirs and assigns, and to the heirs and assigns of the survivor of them forever, passes a joint-tenancy; which may be severed either by A's assignment of all his estate to trustees to enable them to pay his debts; or. by a judgment and execution had against him in his lifetime, and the lands levied on. Davidson v.. .Heydon.

JUDGE.

1. Where by our general practice, (and in all cases where by solemn decisions,) British decisions have become the landmarks of property, a judge is bound by them, although he would not in the first instance have adjudged them applicable to us. Ruston's executors v. Ruston. -And see Hunter v. Blodget.

JUDGMENT.

1. Execution cannot be levied on lands which defendant got by purchase after the judgment, if he aliened them, bona fide, before execution. Rundle et al. v. Ettwein,

459

69

481

23

2. Court on error will not reverse a judgment eutered in the Common Pleas, where no rule to plead had been entered, and it did not appear when the declaration was filed. It having been the practice to enter judgments without rules to plead. Melchior, in error, v. Ralston.

3. Judges bound to consider the judgments of a court to be right and just: and in a much stronger degree by the laws of the union, when the judicial proceedings of a court of a sister state come before them. Nixon v. Young.

JURY, JUROR VERDICT.

1. The list of forty-eight persons prepared for striking a special jury should
be superior to all exceptions. Ross and Vaughan's lessee v. Eason.

2. Tales awarded for defect of special jurors. Hubley's lessee v. White.
3. A jury has not the power of determining in what cases the depreciation
act does not apply; but it is the province of auditors. Leaven's adminis-
trators v. Frey.

4. Court are confined to the facts found in a special verdict, and will render judgments on it, if substantially good, though inartificially worded. In lessee v. Blanchard.

Page

154

161

126

133

320

543

L

LANDLORD & TENANT.

1. Landlord is entitled to the rent due to the time of sheriff's levying on his tenant's goods found on the premises, provided it does not exceed one year. West's adm'rs. v. Sink."

274

2. Landlord cannot support an ejectment against his lessee, without a forfeiture of his lease. Penn's lessee v. Divellin.

309

LANDS, LOCATION, WARRANT, SURVEY.

1. Vacating warrants have generally issued under special equitable circumstances, which will be presumed after a length of possession, without positive evidence. Lowrey's lessee v. Gibson.

81

2. One having a warrant, and not following it up with diligence, or taking possession, but silently permitting others to improve, shall be postponed. ib.

(So in Drinker's lessee v. Holliday, 88.)

3. Certificate of surveyor general, and receiver general, not on oath respecting the practice of the land office, no evidence.

4. Order of the Board of Property may be read in evidence, respecting the survey under which one of the parties claims, though the caveat was filed by a third person. Dunning's lessee v. Washmudt.

ib.

85

5. Declarations of the surveyor general no evidence as to the return of a survey. Drinker's lesece v. Holliday. 87

6. Where a survey has been made, injurious to a party, he ought to file his caveat, or bring his action in reasonable time, or account satisfactorily for his neglect.

7. Every survey will be presumed to be made by consent of the applicant, unless the contrary appears; if dissatisfied, he ought early to apply to the surveyor general, or Board of Property, for redress.

8. When a survey has been completed, no new survey can be made without new directions; and no bona fide intervening right shall be affected by a subsequent survey.

9. Is is the duty of a deputy surveyor to make return of his survey, and his neglect shall not defeat the applicant. ib. 89

10. Field notes, draft, or return of survey, are mere evidences of a survey. ib. 89 11. To vest a title in lands sold for non-payment of taxes, an exact and punctual adherence to the laws is necessary. It must appear that they were regularly advertised. Wistar's lessee v. Kammerer.

100

12. One entering a location in the name of another, it shall be presumed to be for the use of the applier; but this presumption may be repelled by reputation. Fogler's lessee v. Evig et al.

119