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d. Grantor for Grantee, at the suit of third person in Trespass.
under right of freehold; and it was held that a person who had conveyed
a competent witness to prove the trespass. Van Nuys v. Terhune, 81.
e. Tenant of Devisee in ejectment, by Heir v. Dedisee.
was held to be a competent witness, in an action of ejectment brought
of the will. Jackson, er dem. Woodhull v. Rumsey, p. 234.
f. Party to negotiable paper to impeach the same.
tiable nute or instrument, which he has made or endorsed, though he is
not interested in the event of the suit.
der the bankrupt law of the United States, and had released all his inter-
Winton v. Saidler, 185. Stewart v. Cunie, 546.
necticut, Massachusetts, South Carolina, Tennessee, Maryland, New Jer.
The United States Courts, however, follow the principle of these cases.
(g.) Effect of pardon with proviso against relieving from iegal disabilities.
for life. He was afterwards pardoned by the governor. The pardon con-
from the imprisonment.
dictment and admitted to testify, although objected to as incompetent. It
tent. The People v. Pease, 333.
sufficient prima facie, without proof of the hand-writing of the party exe-
XXVI. Written Contract-Parol Evidence to vary-Am-
burgh, dated the 29th of May, 1798, at 17 1-2 per cent. “ to return 15 per
effected on the same goods at Hamburgh, the 19th June, 1798.
clauses, the insured could not claim a return of premium on account of the
case of a double insurance, was inadmissible.
courts to endeavor to reconcile the whole instrument; and the language
equivocal. Per Kent, J.
tain the identity of a person or thing, but before the parol evidence is to be
to the court. Per Kent, J. New York Ins. Co. v. Thomas, 1.
On a sheriff's sale by an alias fi. fa., held:
a resulting trust for the plaintiff, not within the statute of frauds, and that
EXECUTORS AND ADMINISTRATORS.
I. Right to recover rents due to Testator or Intestate
and on Covenant of Testator.
1. By Devisees.
2. Setting aside default.
I. Right to recover rents due to Testator or Intestate, and
on Covenant of Testator.
1. Executors are liable upon the express covenant of their testator, so long as
a privity of contract exists, though the breach happen while a third person
is in possession of premises to which the covenant relates.
lease in fee. Ex'rs of Van Rensseluer v. Ex'rs of Platner, 475.
II. Proceedings against.
1. By Devisces.
after the death of their testator. There is no privity of estate nor contract.
2. Setting aside Default.
same grade, and she confessed judgments in some, and pleaded those judg-
Nitchie v. Smith, 504. See vol. 2, p. 286.
III. Costs in Actions by.
4. Executors recovering under £10 in this court are not entitled to costs, nor
are they bound to pay costs. Executors of Mahany v. Fuller, 489.
I. To settle with Insurers for total loss—Liability of.
I. To settle with Insurers for total loss-Liability of.
1. Where the insured employed a factor or agent to settle with the insurers
for a total loss, and an abandonment was duly made, and the agent, aster-
of the insurers. Rundle v. Moore s Pollock, 36.
II. Lien of
2. A person acting as agent and having guaranteed the payment of a note of
his principal, is entitled to retain the money of his principal to refund to
FEIGNED ISSUE WHEN GRANTED.
1. After a judgment is assigned to an innocent third party, the court will not
award an issue at the instance of a defendant, to try the fact of usury al-
Wardel v. Eden, 500. See vol. 2, p. 258.
entered by confession on a warrant of attorney, accompanying the bond,
See Issue FROM CHANCERY.
Where a British subject died seised of lands in this state, in 1752, leav-
ing daughters in England, who married Brilish subjects, and neither they,
merce with Great Britain, of the 9th November, 1794.
show it. Per Kent, J. Jackson, ex dem. Gansevoort v. Lunn, 109.
Fictio juris is never allowed to work an injury or prejudice to any party.
Per Radcliff, J., in Carpenter v. Butterfield, 145.
FORCIBLE ENTRY AND DETAINER.
On certiorari to bring up proceedings of forcible entry and detainer, a rule
to assign errors, held a nullity.
The People v. Burtch, 523. See vol. 2, p. 400.
Indorsee against the maker of a promissory note given in Connecticut, where
by the lex loci it was not negotiable ; held, that this was no objection to
Lodge v. Phelps, 441. See vol. 2, p. 355.
An order soliciting a favor and not importing a right in the drawer to make