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to the affignee, unless the promif Counterfeiting Bills, &c.
see is insolvent. Daniel Pirkin
vs. Jonathan Welles,

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
Bacon vs. Childs, &c. 466

Societies
Whoever claims in right of another

-mult show the others right- Cannot maintain actions in their
and also his own right to claim

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

483

served Porter,&c. vs. Blakely,440 Chancery will dismiss a petition

where the petitioner has adequate
remedy at law. Henry Beardsley,

Conditions.
&c. vs. Curtice,

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

Sefions, &c.

400 of the estate. Abel Pettibone vs. Administrators of Lemuel Roberts,

527

Collectors.
After a mortgagor has failed of per-

forming the condition of the A collector hath not right in the
mortgage his remedy for redeem sale of lands, for payment of con.
ing his land is in chancery. Boles tinental taxes, to take advantage
vs. Calkins,

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

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459

344

228

ers.

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,

&c.

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

ration

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
vs. Gates,

61
D

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,

81

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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,

199
thaniel Smith,

349 A deed given by a constable as col

lector, of his own land, fuppofing
it to be another man's is good to

Discharge.
convey the land to the purchaser.

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

upon

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

Ееее

an

Demand.

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

Divorce.

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

Dana,

366 kisb's petition,

355

Debtors.
Depositions.

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

Mix,

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,

493

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,

Stuart vs.
ring vs. Tabor,

79
Pierce,

75
Same point adjudged in the case of, Upon a reversal for error, the plain-

Allin and wife vs. Bunce, 96 tiff must enter his action at the
Where a devisee is charged with the same court and not after. Mars
maintainance of the devisors wid vs. Deming,

85

ow, in consequence of a devise of Upon the plea of nul tiel record; if

land to him, it creates a lien upon the copies differ, the court will

the estate. Hannah Dodge vs. order the original record to be

Jofeph Dodge, &c.

233

brought up. Allen vs. Hicock, 88

A devise to a man and to the male Judgment reversed as to part of the

í heir of his body lawfully begotten cost only. Dixon vs. Paine, 138

in fee tail, vests a right in all his Error will not lie against an inter-

sons to take and to hold, upon his locutory order or sentence, until

decease in the same manner and final judgment is rendered. Car-

proportion as they would inherit

penter vs. Childs,

181

their father's estate. Silas Lar. Must be brought in the county where

abec vs. James Larabee, 555 the judgment complained of was

rendered. Curtice vs. Mafon, 259

Iferrors in fact and errors in law are

E

joined, the errors in fact

may

be

erased. Lewis vs. Lawson, 262

Eftopple.

Error doth not lie against an inter-

locutory judgment until final
A leffee, in an action of ejectment,

judgment is rendered. Ray vs.

brought by the lessor for the letten

Fitch,

290

premisses is eftopped saying that

the plaintiff hath no title.

Holms vs. Kennedy,

Escape.

77

A person for the payment of whose

taxes certain lands were taken and An officer is not liable for an escape

fold as his—is estopped to say in on mean process, if he takes bail

an action brought against him for apparently good at the time.

the land, that the plaintiff hath

Northum vs. Phelps,

54

no title, because he had none. A gaoler is not liable for an escape,
Town of Norwichys. Congden, for releasing a prisoner by order

of the assembly. Fitch, perif
vs. Badger,

72
Error.

The escaping of a prisoner who hath

the liberty of the yard upon bonds,
A writ of error is barred unless is a negligent escape. Jones vs.
commenced within three years

Sheriff Abbe,

106
from the day of rendering the A prisoner upon execution, who

judgment. Allen vs. Cook, 54 makes his escape from the officer,
Writ of error lies against a judgment may be retaken at any place.
upon the statute against forcible

Howard vs. Lyons, 107

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