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to the affignee, unless the promif Counterfeiting Bills, &c.
390 Uttering counterfeit bills of the Chancery will relieve against mis State of New York, the currency takes and accidents; and will de
of which, is prohibited, not an cree againft the heirs specifically, offence within the statute against in favor of an allignee, what their palling counterfeit bills. Rex vs. ancestor bound himself to per. Humphrey,
53 form. Ifrael Niatfon vs. Heirs In an action upon the statute for put
of Fofoph Parkhursi, 404 ting off, to the plaintiff, a counChancery will relieve against the terfeit public security, the plainfraud of a grantee, who refused
tiff may be permitted to testify to give a defeazance, after he
only to the identity of the securihad obtained the deed, contrary ty, and to the person of whom he to his agreement. Peck vs. Bald. receivedit. Bradly vs. Couch, 361 win,
455 A decree in chancery must find the
facts which warrant it. Ephraim Committees of Ecclesiastical
-mult show the others right- Cannot maintain actions in their
own names for trespasses commit. under him. William Cook, &c.
ted on lands given to their focie. vs. the heirs of Eliphalet Beacher, ties, for the use of schools. Pre
served Porter,&c. vs. Blakely,440 Chancery will dismiss a petition
where the petitioner has adequate
499 A decree must find the facts which A condition that anothor shall not
warrant it. Samson vs. Hunt, 52 I be molested in the title to certain Will decree a foreclosure of the e
lands, must beunderstood to mean quity of redemption, where the
a legal molestation. Moore vs. debt and charges equal the value
400 of the estate. Abel Pettibone vs. Administrators of Lemuel Roberts,
forming the condition of the A collector hath not right in the
553 of the difference between hard
money and state bills. Hannah vs. Wadsworth,
458 May not adjourn a vendue for the
sale of land for taxes by letter ta
any other time and place than that a breach of the condition in die set in the advertisement. Beacher rect terms.
Fitch vs. Lothrop, vs. Bray,
88 In an action by an officer against a
receiver of goods taken by execuConstables.
tion, it is not necessary to aver
in the declaration, that the judgA constable is an annual officer, and ment is unsatisfied. Hartfoorn if chosen and sworn, and again vs. Halsey,
92 re-chosen the next year, he may Same point adjudged in the case of, officiate before he is sworn again. Maples &c. vs. Peck, 140
Kelsey vs. Wright and wife, 83 In a declaration upon a probate bond A constable may not be chosen after it is not necessary to set forth the
the month of December, except condition. Woodbridge vs. Grant, in case of death or removal.
173 Beacher vs Hart,
135, In a declaration against a societies Lumants
committee for inserting the plain
tiff's name in a tax bill, it must Creditors.
appear that the tax was laid for a
purpose, which he was exempted A creditor is barred of his claim by from paying. Tillotson, &c. vs. the disallowance of commission Bishop,
Ponderfon vs. Avery, 103 A declaration which charges the Same point adjudged in the case of, defendant with false imprisoninent Canon vs. Abbot, administrator of and with forging the justices name Lemuel Moorhouse,
251 to the writ by which he was im. A creditor may not be a commif. prisoned, is a good declaration
fioner on an insolvent estate. Moulton vs. Burbanks, 264
Barker vs. Mary Wales, 265 Surplusage will not vitiate a declaCreditors or their representatives
otherwise substantially who are out of the State at the good. Holebrook vs. Judd, 456 time when the order of probate is published limitting the time for exhibiting their claims, are not barred thereby. Othniel IVilliams, administrator of Othniel Williams The record of a deed shall relate to vs. Rebecca Belden, adminifiratrix the time when received, unless of John Belden,
464 delayed by fome fault or negli.
gence of the grantee. Hartmger
If a grantee is the cause of a dced's
not being recorded, the record Lcclaration.
shall not relate back to the time,
of its being received, to the prejIf the plaintiff declares upon a bond udice of a third person. Ray vs. and the conditions, he must align Bule,
A deed given of land, of which the amount to the right of heirs or
grantor was disfeised, is to every their creditors. Constant Crocker purpose null and void. Iham, vs. Grace Fox,
227 administrator of Benjamin Fitch A fum in grofs ordered to the wife vs. Avery,
by way of dower, is recoverable A deed of land, of which the
gran out of the husband's estate. Adtor is diffeised, is void. Holbrook ministrators of Ann Cater ys. Navs. Lucas,
349 A deed given by a constable as col
lector, of his own land, fuppofing
Brown vs. Wheeler, 236 A receipt given to one of the co-obA deed recorded in a reasonable ligors in full of his part to pay,
time, under the circumstances, doth not difcharge the obligation. will hold against an attachment Andrus vs. Andrus,
72 antecedently made. Moor vs. A receipt in full of all demands upWatson,
388 on bond, doth not discharge a A deed given of land of which the bond conditioned to pay sum
grantor is diffeised, is void. Free annually, during the life of the man vs. Thompson,
402 obligee. Anne Smith vs. Noab Deeds of administrators are not Smith,
235 within the statute made to prevent A discharge from a woman of all frauds, &c. in bargains and sales demands for maintenance of a of land, &c. Barney vs. Cutler, bastard child, of which the is preg&c.
489 nant, will debar her of any remeА copy of a deed from the record dy, if she has more than one
may be given in evidence, in an child. Sila Spalding vs. Fitch, action upon the covenant of seisin.
319 Sherwood vs. Hubbel, 498 A discharge of all debts, dues, and A delay in recording a deed after it demands, discharges a special
is received for record, will not promise to pay the intereft of a prejudice the grantee in his title, note, which is assigned. Howel if it was owing to no fault or neg vs. Seaman,
383 ligence in him. Franklin vs. In action
the covenant of Cannon,
500 seisin in a deed, to a man and his
assigns a discharge from the gran
tee will not purge the grantor of Dower.
an interest, where the grantee has
conveyed any part of the premises Dower is assignable only out of the to other people. Sherwood vs. real estate of which the husband Hubbel,
498 died seized. Deforest's appeal A discharge of ore joint debtor by from Probate,
50 the creditor is a discharge of both. The widow's right of dower is par Sheriff Abel vs. Sarah Forgue, 502
Hosford, &c. committee of Marl. borough vs. Lord,
325 Upon an obligation to deliver cer. Same point adjudged in case of, tain specific articles, on demand,
John Lard vs. Elifba Marvin, a fpecial demand is necessary, to
&c. committee of Lyme, 330 entitle to damages. Smith vs. Leavenworth,
209 A demand must be made of money
Deputy-Sheriff. collected by an officer upon an execution before an action of inde. A depaty-Sheriff may not appear 16 bitatus affumpfit will lie against an attorney in a cause for anoth. him for it. Churchvs. Clark,
Hathaway vs. Gilla, 258
Demurrer to Evidence. Notice is to be given of a petition Parole evidence may be demurred
for divorce as in other cafas where to by agreement. Brewster TB. it can be done. Rebecca Hotch
366 kisb's petition,
The estate, of a poor imprisoned Depositions taken out of the State debtor, who has taken the oath within 20 miles of the adverse
and left the gaol for want of fubparty, notice must be given. Mo
fiftence being furnished, will be fes, &c. vs. Gunn, &c.
liable for the debt. Elliot vs.
307 Depositions taken in the State with
58 in 20 miles of the known attor. The public and not the commiffary ney of the adverfe party, he muft
is debtor for purchafes made by be notified, although the party
him for the use of the public. himfelf, lives more than 20 miles
Osgood vs. Grosvenor, 89 off. Williams vs. Sherif Fitch, 316 Same point in cafe of, The Town
Devise. of Killingsworth vs. The Town of Gofben,
480 Same point in case of, Hillyard vs.
A devise of the use of a grist-mill, Nickols,
to three during their natural lives, and the fee to the heirs of the
longeit liver of them on the Diflenters.
death of either, his part goes to
his heirs, until all three are dead. Diffenters from a church or society Bulkley vs. Bulkley, &c. 78
are liable to be taxed for debts A devise to a man and the heirs incurred before they went off. male of his body lawfully begot
ten, is an estate tail. Manwar-
entry and detainer,
Allin and wife vs. Bunce, 96 tiff must enter his action at the
Error doth not lie against an inter-
locutory judgment until final
judgment is rendered. Ray vs.
no title, because he had none. A gaoler is not liable for an escape,
of the assembly. Fitch, perif
The escaping of a prisoner who hath
the liberty of the yard upon bonds,
judgment. Allen vs. Cook, 54 makes his escape from the officer,
Howard vs. Lyons, 107