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facture of any other foreign country.” Held,
tions, Bill of; Judgment; Jury; New
1. Where, after the introduction of the
charge as follows: “I do not see that this evi-
a contract on behalf
mony, and to even give them his opinion upon
questions of fact, provided only he submit
those questions to their determination.--Unit-
ed States v. Philadelphia & R. R. Co., 77.
4. When evidence is not objected to when
offered, an exception subsequently taken to it
will not be entertained.-Teal v. Bilby, 239.
* * than are on or shall be payable on the 7. The omission of the word “dollars,” in a
a defect as to prevent entry of judgment upon a suit about the purchase money, the land was
described as “estimated to contain 1,000
acres.” In a suit by the purchaser to recover
for a deficiency in the land, the evidence
agreement was that the seller refused, in the
land as 1,000 acres, and said he would not be
bound by any particular pumber of acres.
Held, the evidence not disclosing any fraud-
ulent assurances, the transactions constituted
a sale in gross, and the seller was not liable
for any deficiency in the quantity.-Lawson
v. Floyd, 409.
2. When an agreement for the sale of land
later agreement as “estimated to contain
3. Where land is conveyed in exchange for
same rule of strictness as where it is a sale
See Trial, 7, 8.
Bequest to trustee.
1. It is not within the power of a testator to
bequeath personal property directly to
trustee, without the intervention of an exec-
utor, and thereby defeat the provisions and
of the testamentary law of the state;
and the fact that the person named as ex-
and allegations, it appeared to be regular, is
not open to the objection that it contains no
tion, nor any record of authentication or pro-
bate by any foreign court.--Culbertson v. H.
Witbeck Co., 1136.
3. A testator owning a large estate and
Judicial Sales; Specific Performance. lution, bequeathed his entire estate to his
and protection of my mother and sister, and
for them as in her judgment will be best.”
and were in urgent need of such provision,
the sister being wholly dependent on her
mother, an invalid of advanced age, requiring