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I. Effect of conveyance by Grantor out of possession upon

adverse holder.

1. 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 con-
veyance enure, by way of estoppel, for the benefit of the defendant in pos-
session. Jackson, ex dem. Jones v. Brinckerhoff, 101, 540.
See notes (a), (b) and (c.)

II. Effect of possession not characterized by adverse act.
2. Where the legal possession of lands was in the heirs of A. under a claim
of title, and a descent in 1752, and B. afterwards entered on the land, and
made improvement, and his possession was continued for 37 years; but it
did not appear that he entered under claim or color of title, or hostile to
the heirs of A., whose title was not disputed until after 1783, it was held
that the legal intendment was, that B. entered under the title of the heirs
of A., and that the statute of limitations could not begin to run, till after
the possession of the defendant was held adversely to the heirs of A.
An entry adverse to the lawful possessor, is not to be presumed, but must be
proved. Jackson, ex dem. Gansevoort v. Parker, 124–2.

Authorities, see 125, n. (a.)

3. A tract of land was granted, by letters patent. to A. in 1735, which was
surveyed and laid out into lots. In 1736, B. executed leases for several lots
to different persons, for lives, reserving rent, in which he asserted his claim
to the whole tract; and exercised various acts of ownership, until his death
in 1752, and his heirs also gave leases of some of the lots, in 1767, and his
title and that of his heirs, continued to be acknowledged by the tenants,
and remained undisputed, until after the year 1783. In an action of eject-
ment brought by the heirs of B. against C., who had been in possession
since 1772, it was held that a grant from the original patentees to B. was
to be presumed; that entry, by him, into part, with a claim to the whole,
was to be considered as an entry into the whole; and that the entry of C.
was in subordination to the title of B.

Jackson, ex dem. Gansevoort v. Lunn, 109, 539.
Cases upon the doctrine of presumption to supply defective evidence of title,
124, n. (a) and (b.)

III. Issue on writ of Right.

4. On the issue on a writ of right, the only question is, which of the parties
has the better right; and the evidence to establish the right is subject to the
same rules as in other cases.

Where the ancestor of the demandant was in possession of the premises in
question, 51 years ago, and died in possession 41 years ago, leaving the
demandant his only son, this was held sufficient evidence to rebut the pre-

sumption of right in the tenant, arising from a possession of 38 years only,
commenced by wrong.

And a patent died in 1697, produced in evidence by the tenant, not for the
purpose of deducing a title to himself, but to show a title out of the demand-
ant, was held not sufficient to repel the conclusion in favor of the demand-
ant, as the jury might presume a title in the ancestor of the demandant,
derived from the patent. Nase v. Peck, 128, 533.
Cases and authorities, 129, n. (a), 130, n. (b.)

See ENTRY.

POWER.

Where an inquisition taken under the second section of the act, amending
the act to establish the Columbia Turnpike Company, passed March 28,
1800, (sess. 23,) omitted to state a disagreement between the owner of the
lands mentioned, and the company, and that the judge who appointed the
commissioners was not interested, &c., it was held defective and quashed.
Where a special power is granted by statute affecting the property of indi-
viduals, it must be strictly pursued; and it must appear on the face of the
proceedings, that the directions of the statute have been strictly observed.
Gilbert v. The Columbia Turnpike Co. 107, 541.

Cases and authorities, 109, n. (a.)

See LIMITATION.

PRACTICE.

I. Abatement.

1. Of Suit by Civil Death.

2. Privilege.

II. Act for the relief of Debtors with respect to
the Imprisonment of their Persons-
Practice under.

III. Absent and Absconding Debtors.

IV. Account.

V. Administrator.

VI. Affidavit.

VII. Amendment.

1. Of Declaration.

2. Of Pleading after Demurrer.
3. Upon what terms.

VIII. Appearance.

IX. Arrest of Judgment.

X. Attachment.

XI. Attorney.

XII. Auter action pendens.
XIII. Bail.

1. Effect of, and Pleading in chief.

2. Justification.

3. Surrender of Principal.

4. Relief of.

5. Discharge of.

6. Proceedings against.

XIV. Case.

a. Irregular-Effect of Laches.
b. No peculiar indulgence to.
c. Where Bail have been personated.

1. Where a point is reserved.

2. Amendment to.

3. Effect of.

XV. Certiorari.

1. Rule to join in Error on.

2. Nature of return to.

XVI. Commission.

1. Issuing of, in Discretion of the Court.

2. Affidavit to support motion for.

a. Who may make.

b. What it ought to contain.

3. Costs on motion for.

4. Return of.

XVII. Contempt.

XVIII. Costs.

1. For not proceeding to Trial.

2. Of former Action.

3. Payment of.

4. Collecti n of.

5. Notice of Taxation on whom served.

6. Against Attorney.

7. In Writ of Right.

XIX. Damages.

XX. Debt.

XXI. Declaration.

1. Change of Venue.

2. Time to plead to Amended.

XXII. Default.

1. When it may be entered.

2. Application to set aside.

3. Against whom entered in Ejectment.
4. In Actions against Administrators.

5. In Actions against Bail.

XXIII. Demurrer.

1. Frivolous-withdrawal of.

2. Withdrawal of after rule for Judgment.

XXIV. Ejectment.

1. Striking out name of dead lessor.

2. Effect of service of second narr., in.
3. Default.

a. When entered.

b. Against whom entered.

3. Consent rule-New narr.-Common Bail-Plea.

XXV. Error.

XXVI. Exoneretur.

XXVII. Forcible Entry and Detainer.

XXVIII. Fraud.

XXIX. Hard defence— Usury.

XXX. Imparlance.

XXXI. Inquest.

XXXII. Inquisition.

XXXIII. Irregularity, motion to set aside proceedings

for.

XXXIV. Joinder in Error.

XXXV. Judgment.

XXXVI. Judgment, as in case of Nonsuit.

1. When Plaintiff may stipulate or not.

2. What excuses performance of stipulation.

XXXVII. Justice.

XXXVIII. Laches.

XXXIX. Mandamus.

XL. Motion.

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1. To submit controversy to Sheriff's inquest-Effect of

2. To try, &c.

a. Waiver of.

b. What excuses not going to trial.

3. Costs of.

LVII. Supplemental Affidavit.

LVIII. Time, construction of order, giving.

LIX. Trial.

LX. Use and occupation.

LXI. Vacatur.

LXII. Venue.

1. What Affidavits, on which motion to change is made,
must contain.

2. Counters Affidavits on motion.

3. In Debt.

4. In use and occupation.

5. Effect of change in Declaration.

LXIII. Verdict.

LXIV. Writ of Error.

LXV. Writ of Right.

1. View.

2. Summons.

3. Plea.

4. Ne Recipiatur.

5. Costs.

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