Jackson ex dem. Putnam v. Bowen.-&c.

JACKSON ex dem. PUTNAM against BowEN.

1ST. On a motion for a new trial, the affidavit of a witness on the trial that he was misapprehended in his testimony cannot be received.

2nd. On the question of adverse possession, under the statute of limitations, the possession of a defendant claiming by color of title and for valuable consideration, shall be extended by construction to the entire tract so claimed, although he had not possession by enclosure or a pedes positio of the whole.

JACKSON ex dem. QUACKENBOSS against DENNIS.

THE bounds of the Hosick Patent, according to Bleecker's survey in 1754, established, as against a claim under an adjoining patent.

PEOPLE against BROWN.

THE people cannot maintain an information for an intrusion without an office previously found.

TOBEY ads. BEERS' ADMINISTRATORS.

ON certiorari. Rule granted on a justice to return to a certiorari the summons, venire, and other proceedings.

Hallet ads. Peyton.-Marshall ads. Fitch and others.-&c.

HALLET ads. PEYTON.

AN agent who has an order on defendant to pay out of the proceeds of the demand in suit, a debt due him from the plaintiff, is an interested witness.

MARSHAL ads. FITCH and others.

IN ejectment. A defendant who derived the possession from his father on his decease, which was held by the father under the plaintiff's title, deemed sufficient to presume, that he (the defendant,) held under the same title.

ISAACS ads. REMSEN, Administrator.

THE testator's book containing entries made by him relative to his business as an attorney, is not evidence.

2d. Referees cannot split a demand consisting of a single item, the evidence concerning which supports the whole or nothing. Report therefore set aside.

LOWNSBERRY and others, administrators, ads. V. ALS

TYNE.

A notice by defendant's attorney of being concerned, having been sent and probably miscarried, the judgment was set aside on payment of costs, it being done also in favor of administrators.

Duff v. Lawrence & Van Zandt.-Voorhis ads. Prior and others.-&c.

DUFF against LAWRENCE & VAN ZANDT.

DECIDED in the same manner as in July term, 1802, S. C. ante. Vide written opinion, and an able argument of Mr. Hamilton in writing, for defendants.

VOORHIS ads. JACKSON ex dem. PRIOR and others.

COSTS for not going to trial in Westchester, allowed to defendant, although it appeared that the only reason was the want of a will which was in New York, and could not then be obtained on account of the fever.

2d. The time consumed at the circuit in a negotiation about admitting the will, not deducted from the witness' charges.

BONOUGH against BEDLOW.

MOTION for a reference on the usual affidavit, denied; it being stated in an affidavit of the opposite party that a question of law would arise, as he was advised and believed, though the question itself was not stated. I was contra, considering that the question ought to have been stated. (Vide Lasher v. Walton, contra.)

Kerley v. Cogswell.-Baudee ads. Zobriski.-Manly ads. Herrick.

KERLEY against COGSWELL.

MOTION to discharge a certificate of probable cause denied, because

1st. Notice of this motion has not been given.

2d. The plaintiff might after the defendant's default have noticed the argument himself.

BAUDEE ads. ZOBRISKI.

IN slander. It is not sufficient to retain the venue in a county different from that in which the cause of action arose, because there are political differences in the proper county, which also pervade the state at large, unless some personal or local cause be shown.

MANLY ads. HERRICK.

AFTER a new trial was granted, the defendant was allowed to add a new plea to the general issue, it having been pleaded alone, by mistake of the attorney.

Matter of Freer.-Bordes v. Hallet.-Rozell ads. Yates.

In the matter of FREER, Printer of the ULSTER Gazette.

AN application to postpone, showing cause, denied, it being desired merely to expunge certain facts improperly inserted in the affidavits, not to add any new fact. Afterwards the rule for an attachment was made absolute, the party showing nothing to purge the contempt, but merely to extenuate the offence.

BORDES against HALLET.

1st. Property taken and carried in as prize, although decreed by the admiralty to be restored, yet if the restoration could not be obtained without unreasonable conditions annexed, the insured may abandon.

2d. He may also recover for expenses attending the fair prosecution of his claim.

3d. An indorsement of such expenses made by the usual agent of the underwriters on documents, which at the time appeared to him authentic, is prima facie good evidence to charge the defendant.

ROZELL ads. YATES, Executor, &c.

A regular judgment refused to be set aside, although the defendant swore to merits, there being a lache in the agent of the defendant's attorney, not accounted for. Agents come within the rule that a reasonable excuse must be given.