3. Against whom.

3. The executors of a lessee of an estate in fee are not liable for rent accrued
after the death of their testator. There is no privity of estate nor contract.
The privity was destroyed by the will under which the plaintiffs must claim
as devisees or assignees, and they are not assignees under the statute 32
Hen. VIII., ch. 34, which applies only to leases for life or for years. So
held although the covenant was express.

Devisees of Van Rensselaer v. Ex'rs of Platner, 475. See vol. 2, p. 24.

II. Construction of.

4. In covenant, the defendant held to the express terms of his covenant con-
trary to a supposed construction of its spirit.

Betts v. Turner, 427. See vol. 1, p. 65.

5. A covenant from the subject matter construed distributively, although it
contained no words of severalty. Ernest v. Bartle, 457.

See vol. 1, p. 319. Also id. 327, n (a), 69, n. (a), and 71, n. (a.)

6. A covenant of seisin and warranty against all persons "except the lord of
the soil," construed to apply to the interest of the covenantor, exclusive of
that of the owner of the fee only, and the covenant of seisin and warranty
to be commensurate in this respect. Cole v. Hawes, 488.

See vol. 2, p. 203, 204, n. (a), 247, n. (a.)

See DEBTORS. DEED.

CRIMINAL LAW.

See ATTAINDER, COURT, CONSPIRACY, FORGERY, GRANT,
INDICTMENT, TITLE.

DAMAGES.

See FACTOR.

See vol. 2, p. 17, 22, n. (a.)

DEATH.

Both defendants being convicted and sentenced to the state prison for life;

beld, that being civilly dead the suit is abated.

Graham v. Adams, 523. See vol. 2, p. 408.

DEBTORS.

I. Possession by, after bona fide assignment not deemed

fraudulent.

II. Proceedings under attachment against, for Benefit

of Surety.

III. Insolvent discharge.

1. Effect of.

2. When it must be plead.

IV. Set-off of Note after assignment by Insolvent.
V. Act for the Relief of, with respect to Imprisonment
of their Persons.

Service of Notice.

I. Possession by, after bona fide assignment not deemed

fraudulent.

1. The possession of a bankrupt, after a bona fide assignment of all his es
tate, for the benefit of all his creditors, not deemed fraudulent, it being con-
tinued at the instance and for the benefit of the assignees.

Vredenburgh v. White & Stout, 441. See vol. 1, p. 156, 157, n. (a.)

II. Proceedings under attachment against, for Benefit of
Surety.

In re McKinley, 433. See vol. 1, p. 137.

III. Insolvent's discharge.

1. Effect of.

2. The maker of a note was discharged as an insolvent, afterwards the en-
dorser was obliged to pay the note. The payment being subsequent to the
discharge, held, that the maker was liable to the endorser.

Frost v. Carter, 449. See vol. 1, p. 73, 74, n. (a.)
3. Judgment by confession set aside, it being entered on a warrant given be-
fore the defendant's insolvency.

Skutt v. Billings, 426. See vol. 1, p. 105.
See Cone v. Whitaker, 478, 501, overruled. See vol. 2, p. 281, n. (a), (b.)

1. Where it must be plead.

4. The defendant was discharged under the insolvent act, pendente lite, and
in time to plead or give it in evidence. Neglecting to do this, the court
refused to discharge him from custody, after a judgment by default and
execution against him. Valkenburgh v. Dederick, 437. See vol. 1, p. 133.

IV. Set-off of Note after assignment by Insolvent.

5. A note purchased at an under value by the debtor of an insolvent, after
notice of the insolvency, not allowed to be set off in a suit brought in the
name of the insolvent, for the benefit of his assignees.

Circumstances to excite inquiry, sufficient notice, and the interest of the as-
signees protected in this suit in the name of the insolvent.

Johnston v. Bloodgood, 428. See vol. 1, p. 51.

See BILLS OF EXCHANGE-PROMISSORY NOTES AND

CHECKS.

V. Act for the Relief of, with repect to Imprisonment of

their Persons.

Service of Notice.

6. Notice of a petition under the act for the relief of debtors, &c., where the
plaintiff (the creditor resided out of the state,) served on his attorney in
the suit, held sufficient. Bates v. Williams, 423. See vol. 1, p. 30, 416.

DEBT ON BOND.

See PRACTICE.

DEED.

I. Construction of.

II. Covenant to stand Seised.

III. Delivery of-what constitutes.

IV. Relation of to previous Contract.

V. Sheriff's Deed.

VI. Of land where an adverse possession.
VII. Estoppel under.

I. Construction of.

1. Several instruments or deeds of the same date, and relating to the same
subject, construed as parts of one assurance, and a deed in consideration of
10s. made by a father to his son, held to be a covenant to stand seised to
the use of the grantee. Jackson, ex dem. Trowbridge v. Dunsbagh, 429.
See vol. 1, p. 97, 98, n. (a.)

2. A sheriff's deed conveying certain lands by metes and bounds, together
with "all ways, paths, easements,""&c., does not include lands held by a
distinct title, though adjoining the premises, and formerly purchased and
used as a road for the same, when it is not included within the description
of the premises. Jackson, ex dem. Jones v. Striker, 451.
See vol. 1, p. 284.

II. Covenant to stand Seised.

See Supra, I.

III. Delivery of-what constitutes.

3. A deed for land executed and acknowledged by the grantor, but retained
by him by consent of parties as a security for the consideration, held not
to convey the title because there was no actual delivery nor acceptance of
the deed. Jackson, ex dem. M'Crea v. Dunlap, 433.

See vol. 1, p. 114, 116, n. (a), 253, n. (b.)

IV. Relation of, to previous Contract.

4. A deed in pursuance of a previous contract of sale, good by relation from
the time of the contract; so as to render valid every intermediate sale or
disposition by the grantee.

Jackson, ex dem. Loan Officers of Rensselaer v. Bull, 428.

See vol. 1, p. 81, 85, n. (a), 90, n. (a.)

V. Sheriffs Deed.

5. A subsequent deed from the sheriff will not help if such road was not
known at the time of the sale, and understood to be part of the premises
sold. Jackson, ex dem. Jones v. Striker, 451.

See vol. 1, p. 284, 286, n. (b.)

VI. Of land where an adverse possession.

6. By the common law, a conveyance of land by a person against whom
there is an adverse possession at the time, to a third person, is void; but
the title of the grantor is not thereby extinguished or divested; nor will
such conveyance enure, by way of estoppel, for the benefit of the defend-
ant in possession. Jackson, ex dem. Jones v. Brinckerhoff, 101, 540.

VII. Estoppel under.

7. A stranger or third person cannot avail himself of an estoppel by a mere
writing or a matter in pais.

No person can be technically estopped by a conveyance under the statute of
uses. Jackson, ex dem. Jones v. Brinckerhoff, 101, 540.

Cases and authorities, 103, n. (a), 106, n. (a), (b) and (c.)

DEMURRER.

Practice on Frivolous.

Motion to withdraw a frivolous demurrer, and to plead, on an affidavit of
merits, denied. Griswold v. Haskins, 432. See vol. 1, 135.

DEMURRER TO EVIDENCE.

On a demurrer to evidence, every fact which the jury could legally infer
from the evidence, is admitted by the demurrer.

Insurance on the cargo of a Prussian ship, from New York to St. Andero in
Spain.

The order for insurance mentioned that the ship would have a clearance for
Hamburgh. In an action on the policy, the only evidence given at the
trial was the bill of lading and the protest of the captain, admitted by con-
sent. The former stated that the goods were shipped for Hamburgh, on
account of persons in Stettin; and the captain stated, that the ship sailed
from New York, bound to Hamburgh, and that she continued in such in-
tended voyage, until being off Cape Ortegal, and meeting with contrary
winds, he resolved to put into St. Andero, as safer than to attempt to reach
Hamburgh, at that season, and while proceeding towards St. Andero, the
ship was captured by the British and carried into Guernsey. On a demur-
rer to this evidence, it was held, that the vessel sailed on a voyage for
Hamburgh, and not for St. Andero, and that the policy not having at-
tached, the plaintiff could not recover, but was entitled only to a return of
premium. Forbes v. Church, 159, 548.
Cases and authorities, p. 160, n. (b.)

DEPOSITIONS DE BENE ESSE.

A deposition admitted to be read, which was taken de bene esse, on the same
day on which an order for that purpose was obtained, and notice thereof
given to the opposite party, under circumstances which did not admit of
delay, and were previously not known, and this before declaration filed, but
after the writ was returned. Mumford v. Church, 441. See vol. 1. p. 147.

See EVIDENCE.

DEVIATION.

See INSURANCE.

DEVISE.

I. Construction of.

II. Proof of.