Page:United States Reports, Volume 1.djvu/22

 Rh  On the Part of the Defendant, it was inited that he ought to pay no more on this Policy then the actual los utained by the Payment of Salvage and other Charges. That the Captain having et up the Veel to ale without any Orders of the Court of Admiralty, and purchaed her himelf in behalf of the Owners, for about one fourth of the Sum inured, and this being acquieced in by the Plaintiffs, there was no abandonment, and therefore but an average los.

gave a charge in Favour of Defendant; and the Jury accordingly gave the Plaintiffs a Verdict for o much only as they judged a compenation for Salvage, charges, and Los of Time, on account of the capture. 

ING’S Road. On confirmation of a Road by the Jutices of Cheter county, the Record was brought up by ; and it was moved to revere the Judgment of confirmation, becaue the Jutices below had refued to grant a Review, though petitioned thereto by a Peron who complained he was aggrieved by the Roads running through his improved ground.—On argument, revered the Judgment for that reaon, alledging that a Review, though not taken notice of in the Act of Aembly, had always been granted, and was now become a matter of right. 

HIS Caue came before the Court for a determination on a pecial Verdict which found, That the Defendant’s late Wife Sarah, before her Marriage, was eized of the Lands in quetion in fee; that after her Marriage, with the Defendant, e and her Huband joined in a conveyance to two Trutees and their Heirs, "“ to them and the Survivor of them and his Heirs for ever, in trut nevertheles to and for the proper Ue and Behoof of the aid P. Turner and S. his Wife, for and during their joint Lives and from and after the Deceae of either of them, then to and for the ole and proper Ue and Behoof of the Survivor of them and his or her Heirs for ever.”"

That the aid P. Turner and S. his