Page:United States Reports, Volume 1.djvu/105

94 

1784.

which is etablished by the oath before the jutice ; the recording only gives the deed a pecial operation by the expres proviions of the Act of Aembly. 

JECTMENT.—On the trial of this caue, in deducing the plaintiffs' title, a heriff's deed was produced, but no part of the record recited therein.

Sergeant contended, that if the title was et forth, it was neceary to prove every part of it ; that between the parties, the ''Fi. ƒ and Vend. Exp.'' may only be hewn; but that againt a tranger, the pleadings, vverdict, and judgment, ought to be produced. Gilb L. oƒ E. 9. 10

On a quetion from the oppoite counel, Sergeant admitted that in New-Jerey,  it was not the practice to produce more than the heriff's deed; but inited that, of late, it had been frequently required, and that in trictnes, it was indipenibly neceary.

But, :—As the poeion has gone more than twenty years along with the deed, it is unneceary, in this cafe, to require farther proof. And the CHIEF JUSTICE added, that within his knowledge, it had not been cutomary, in any cafe, to produce the record.

Lewis and Mifflin for the plaintiff.—Sergeant  for the defendant. 

HIS was a feigned iue to try the validity of a will, againt the probate of which, a caveat had been entered in the Regiter's Office. The plea was inanity in the tetator; and evidence was given of habitual drunkennes, old age, weaknes of body, hortnes of memory, and a few incoherent expreions. The jury however, in a very hort time, gave a verdict for the plaintiff in the ue, who was the deviee in the will.

The, in his charge to the jury, informed them, 1t. That it was not neceary that a will, deviing real estate in this Commonwealth, hould be ealed. 2d. Nor that all the ubcribing witnees hould prove the execution. 3d. Nor that the proof of the will hould be made by thoe who ubcribed as witnees. 4th. Nor that the will hould be ubscribed by the witnees. HIGH This caufe was tried at Carlifle N.P. on th e14th of May 1784, before M‘KEAN, C. J. ATLER anf RUSH, Juʃtices. See paʃt. Lewis Appellant verʃus  Maria Appellee.