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1. See Alexandria,

53

SCIRE FACIAS.

By the law of South Carolina the 30
day rule is substituted for a scire
facias on a judgment in those cases
only where lapse of time prevents
the Plaintiff from suing out execu
tion. Griffith v. Frazier,

SEIZIN.

10

2. A purchaser with notice is pr.- See Writ of right, 9, 10, 11, 15, 16,

tected by his vendor's want of no-
tice. Alexander v Pendleton, 462

3. A purchaser without notice has a
right to join his adversary posses

229

17,

SHIP, AMERICAN.

254

sion to the ostens ble adversary See Admiralty, 13,
possession of his vendor, so as to

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After a lapse of 7 years the Court
will refuse to decree a specific

TENURE, SOLE

performance of a contract, in the See Writ of right, 3, 4, 5, 14,

part execution of which the Com-
plainants, or those under whom
they claim, have expended large
sums of money, although the first
default was on the part of the De-
fendant, and although it be proba-
ble that the failure of the Defen-
dant, in that respect, has prevent-
ed the completion of the execution
of the contract on the part of the
Complainants; circumstances ha-
ving so changed that neither party
could derive, from the execution
of the contract, all the benefits
which were at first expected.
Pratt v Carroll,

TITLE.

See Limitations, 7, 8, 9,

229

462

TRADING WITH THE ENEMY.

See Admiralty, 4, 5, 7, 8, 9, 11, 12,
14, 15, 16, 18, 19, 20, 21, 25, 26,
29, 30, 32, 34, 35, 36.

TRUSTEE.

36

See Columbia, 1,

471

U.

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230

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. Green
v. Liter,
5. Under the act of Kentucky to
amend process in chancery and
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, notwith-
standing that act, the tenant shall
have the full benefit of the ordina-
ry pleas 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,

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232

232

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

233

A

to hold the same than the tenants;
and if of any parcel for the te-
nants, that they have more mere
right to hold the same than the
demandant, Green v. Liter, 233
15. If a man 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 v. Liter. 234

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