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1. See Writ of right, 9, 10, 11, 15,

RANSOM,
16, 17,

229
2. See Limitations, 7, 8, 9, 462 See Insurance, 6,

tionis,

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55

See Admiralty, 2, 4, 5, 6, 7, 8, 9, 10, See Insurance, 3,

11, 12, 14, 15, 16, 17, 18, 19, 20,
21, 22, 25, 26, 27, 28, 29, 30, 31,

S.
32, 33, 34, 35, 36, 37, 38, and the
case of the Mary,

388

SALVAGE.

PROBATE.

See Admiralty, 10,

221

30

1. See Administration,

9

SCIRE FACIAS.
2. See Executor, 2, 3,
3. See Appeal, 1,

251 By the law of South Carolina the 30

day rule is substituted for a scire
PROMISSORY NOTE. facias on a judgment in those cases

only where lapse of time prevents
See Joint merchants, 1, 2,

the Plai stiff from suing out execu-
tion. Griffith v. Frazier,

10
PURCHASER.

SEIZIN.
1. See Alexandria,

53
2. A purchaser with notice is pr. - See Writ of right, 9, 10, 11, 15, 16,
tecied by his vendor's want of no 17,

229
tice. Alexander v Pendleton, 462
3. A purchaser without notice has a SHIP,- AMERICAN.

right to join his adversary posses-
sion to the ostensible adversary See Admiralty, 13,

254
possession of his vendor, so as to

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RANSOM

9

ace, 6,

REGISTER

RELATION

See Scire facias,

TENURE, JOINT
SPECIFIC PERFORMANCE. See Writ of right, 2, 4, 5, 14, 229
After a lapse of 7 years the Court

TENURE, SOLE
will refuse to decree a specific
performance of a contract, in the See Writ of right, 3, 4, 5, 14,

229
part execution of which the Com-
plainants, or those under whom

TITLE.
they claim, have expended large
sums of money, although the first See Limitations, 7, 8, 9,

462
default was on the part of the De-
fendant, and although it be proba. TRADING WITH THE ENEMY.
ble that the failure of the Defen-
dant, in that respect, has prevent See Admiralty, 4, 5, 7, 8, 9, 11, 12,
ed the completion of the execution 14, 15, 16, 18, 19, 20, 21, 25, 26,
of the contract on the part of the 29, 30, 32, 34, 35, 36.
Complainants; circumstances ha-
ving so changed that neither party

TRUSTEE
could derive, from the execution
of the contract, all the benefits See Columbia, 1,

36
which were at first expected.
Pratt v Carroll,

471

U.

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STATUTE OF USES.

UNITED STATES.

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any tenant more land than he
holds, he may plead non-tenure as
to the parcel not holden; but the
writ shall abate only as to the par-
cel whereof non tenure is pleaded
and admitted or proved. Grein
v. Liter,

230
5. Under the act of Kentucky to

amend process in chancery aud
common law, the party may re-
cover, although he prove only part
of the claim in his declaration ;
but it does not enable him to join
parties in an action, who could not
be joined at the common law.
Green v. Liter,

230
6. The act of Virginia of 1786, re-

forming the method of proceeding
in writs of right, did not vary the
rights or legal predicament of the
parties, as they existed at the
common law It did not, there-
fore, change the nature and effect
of the pleadings; and, not with-
standing that act, the tenant shall
have the full benefit of the ordina-
ry pleaş in abatement. The clause
in the act which provides that the
tenant, at the trial, may, on the
general issue, give in evidence any
matter which might have been
specially pleaded, is confined to
matters in bar. Green v. Liter,

231
7. Under the act of Virginia of 1786

the tenant may, at his election,
plead any special matter in bar,
in a writ of right, or give it in evi-
cience on the mise joined. Green
v. Liter,

231
8. The act of Virginia of 1786 did

not change the nature of the en-
quiry as to the titles of the parties
to a writ of right. Green v.
Liter,

232
9. In order to support a writ of right,

it is not necessary to prove an ac-
tual entry under title, or actual
taking of esplees. A constructive
seizin in deed is sufficient. Green
v. Liter,

232
10. Under the land law of Virginia,
the whole legal estate and seizin
of the commonwealth pass to the

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1. The Circuit Courts of the United

States have jurisdiction in writs of
right, where the property demand-
ed exceeds 500 dollars in value;
and if, upon the trial, the deman-
dant recover less, he is not to be
allowed his costs ; but, at the dis-
cretion of the Court, may be ad-
judged to pay costs.

Green v.
Liter,

229
2. At common law a 'writ of right

wiil not lie except against the
tenant of the freehold demanded.
Green v. Liter,

230
3. If there are several tenants,

claiming several parcels of land
by distinct titles, they cannot law-
fully be joined in one writ; and if
they are, they may plead in abate-

ment. Green v. Liter, 230
4. If the Demandant demand against

1

mere

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patentee, upon the issuing of his
patent. Green v. Liter,

232
11. A conveyance of wild or vacant

lands, gives a constructive seizin
thereof in deed to the grantee, and
attaches to him all the legal
remedies incident to the estate; a
fortiori, this principle applies to a
patent. Green v Liter,

232
12. In Kentucky the patent is the

completion of the legal title ; and
it is the legal title only that can
come in controversy in a writ of

right. Green v. Liter, 233
13. A better subsisting title in a third

person is no defence in a writ of

right. . Green v. Liter, 233
14. If tenants claiming different

parcels of land by distinct titles,
omit to plead that matter in abate-
ment, and join the mise, it is an
admission that they are joint-te-
nants of the whole; and the ver-
dict, if for the demandant for any
parcel of the land, may be gene-
ral that he hath more mere right

to hold the same than the tenants;
and if of any parcel for the te-
nants, that they have more
right to hold the same than the
demandant, Green v. Liter, 233
15. If aman enter into lands, having

title, his seizin is not bound by his
actual occupancy, but is held to
be co extensive with his title. But
if a man enter without title, his
seizin is confined to his possession
by metes and bounds.

Green v.
Liter,

234
16 An entry into a parcel which is

vacant will not give seizin of a
parcel which is in an adverse
seizin; but an entry into the last
parcel in the name of the whole,
will enure as an entry into the va-

cant parcel. Green v. Liter, 234
17. By a conveyance taking effect

under the statute of uses, the bar-,
gainee has a complete seizin in.
deed, without actual entry or live-
ry of seizin.

Green vi Liter. 234

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