the plaintiff ought to have traversed the defendant's plea inftead of demurring to it; it is fufficient to alledge that the plea was not true and that the defendant could not prove it. Corfa & Bull vs. Nichols, 313 A new trial granted before judgment entered up upon a verdict in a criminal profecution for counter feiting money, the cause continued and the prifoner let to bail. Lee Peck vs. State, 331 A petition for a new trial, on which the duty was not paid is void. Hurd vs. Hall, 505 In an action brought by an adminif Oyer. L P Partition. In a writ of partition the plaintiff muft fet forth his right or proportion. Coply vs. Crane, 69 Same point adjudged. Champion vs. Spencer, &c. 147 Payment. Money extorted by a creditor from his debtor, by an unlawful execution, will be considered as a payment of the debt. Ruffel Lord, adminiftrator of Samuel Lord vs. Benjamin Waterhouse, &c. executors of Gideon Waterboufe, 430 Pleas and Pleadings. A defendant who has miffed his plea may have liberty to alter it while the cafe is on trial. Executors of Hazzard vs. Nichols, 75 Omitting a traverfe where it is ne ceffary, will be fatal upon a demurrer. Corfa & Bull vs. Nich It is no excuse upon a motion for oyer, that the writing is loft-but the excufe must be set out in the declaration or plea. Branch vs. Riley, Officers. 541 217 Where new matter is replied, or the traverfe goes only to part of the allegations in a plea, it ought to conclude with a verification.Baily vs. Smith, 243 A defendant may not depart from his plea of title put in before the juftice in an action of trespass. 273 Matfon vs. Meach, 344 In a reply to a plea, of no award, plead to an action on an arbitration note, it is necessary to fet forth not only the award but also a breach. Gillet vs. Briftow, 355 Gggg An officer's return upon an execution ought to be fuch as will justify him. Grant vs. Shaw, &c. 526 Duplicity may be taken advantage of general demurrer may not b. al- Upon the plea of non affumpfit to A party will not be allowed to alter his plea, where it will not be re- Liberty given to alter the pleadings when the caufe is on trial. Ad- miniftrator of George Nichols vs. A plea may be altered, with leave of the court, after the caufe is com- mitted to the court for judgment. A traverfe of the plaintiff's title, in If payable on demand, they are to be eftimated according to their value when received. Collins vs. Hub- Same point adjudged. Atwater vs. Payable on demand, estimated at the time of receiving. Curtice Where the fecurities are to be paid on demand or to be returned on Public fecurities are to be valued at the time, when payable, and pay- If payable on demand, are to be val- 519 Purchafers. A purchafer from a mortgagor for a valuable confideration and without notice, is quieted in his title, by the mortgagor's fatisfying the debt out of the refidue of the mortgaged premifes, against the mortgagee or any claiming under him. Sebor and Shaler vs. Robbins and Porter, 460 A purchafer, from an adminiftrator under liberty from the affembly to fell land to pay debts, fhall hold the land, against a voluntary conveyance made by the intestate. Chriftopher Manwarring vs. John Difbon, 478 a record. Butler vs. Butler, 275 A purchaser under a collector, may No averments may be made against not enter until the year is expired. Holabert vs. Blakely, Poor. 505 Replevin. The plaintiff's bond in a replevin, is in confideration of law, no fecurity. Reuben Smith, Efq. vs. Friend Trawl, 165 A bond on a replevin must refpond the damages. Webfler vs. Price, 56 Same point adjudged in the cafe of, Buel vs. Deavenport, 261 The poffefion of tenant for life, and Sabbath 98.145. thofe under him although they may claim a greater eftate, than he hath, will not defeat the right of the remainderman. Chandler vs. Phillips, R Rivers. 546 The bed and waters of Connecticut river are common to all the citizens. Settlement in Towns. A ward has right to refide with his guardian; and fuch refidence gains no fettlement. Town of Salisbu ry vs. Town of Fairfield, 131 A baftard child is fettled with the mother. Town of Canaan vs. Town of Salisbury, 155 A perfon who would have been settled in a new town had he been at home when it was formed, is notwithstanding fettled there.Town of Mansfield vs. Town of Granby, 179 232 An idiot is fettled with the parents. Town of Eaft-Hartford vs. Town of Middletown, 196 A fettlement in a town may be fufpended but not loft until another is gained. Norwich vs. Windham, A foreigner gains no fettlement by commorancy. Somers vs. Barkhempftead, 398 Citizens of any of the United States are not confidered as foreigners, but as having a fettlement in the ftate to which they belong. Windham vs. Norwich, 408 Refiding in a town more than a year under certain circumstances, will not gain a fettlement. Town of Lifbon vs. Town of Franklin, 423 A certificated person will gain a fettlement by commorancy in the town he removes to, unless his certificate is duly lodged. Tolland vs. Lebanon, Scire Facias. 398 Selectmen are liable to respond in damages, for appointing an overfeer, in an illegal and oppreffive manner. Hezekiah Johnfon vs. Sele&men of Wallingsford, &c. 245 Steeples. The law doth not require a vote by two thirds of the voters in an ecclefiaftical fociety, to build a steeple to a meeting-house. Kingf bury vs. Seledmen of Tolland, 533 Slander. In an action for words, evidence that there was fuch a report before the defendant fpoke the words, not admitible. Lewis vs. Niles, 346 The general character of the plaintiff may be inquired of with ref pect to the crime charged by the words. Brunfon vs. Lynde, 354 Same point. Marika Seymour vs. Charles Merrills, Sheriff. 459 which was got up by means of the fraud of a third perfon, without being paid. Netleton vs. Riggs, 125 221 If the effect of the fuit is to recover the thing demanded, the plaintiff fhall have full coft, although the verdict is for lefs than 40Bricks' executors vs. Reed, 136 Public fecurities having been delivered upon a forged order, no bar to the right owner's recovering them in this action. Grifwold vs. Judd, An action of trover is not barred by ftatute of limitation although an action of trefpafs, which would have lain for the fame thing, would be. Nath. Ferrefs vs. James Ferrefs, 365 Trover lies by an administrator for goods taken and converted in the life of the inteftate. 90 Kirby, adminiftrator of Grant vs. Clark, 389 A fheriff may be fued out of his T Trover. Trover lies for property tendered upon an obligation, in favour of the obligee. Rix vs. Strong, 55 Trover lies in favour of a promiffee against the promiffor for a note May join in an action for their com |