Page:United States Reports, Volume 1.djvu/28

 Rh  .–The trict Rules of Law with regard to Evidence ought not to be extended to Mercantile Tranactions. In this Cae, on proving the hand Writing of the Factor, let the Account of Sales be given in Evidences; which was accordingly done. 

EBT ur Obligation.–On the plea of payment Defendants offered to give no Conideration in Evidence. Objected, that the Conideration of a Bond is not enquirable into, the paing the Bond being a gift in Law of the money.—To this it was anwered, and o ruled that there being no Court of Chancery in this Province, there is a neceity, in order to prevent a failure of Jutice, to let the Defendants in under the plea of payment to prove mitake or want of conideration: And this the Chief Jutice aid he had known to be the contant practice of the Courts of Jutice in this Province for thirty nine Years pat.

For the Plaintiff, the following caes were cited: Plowd. 308. ''b. Gilb. Rep.'' 154. Hard. 200. 3. P. Will. 222. 

JECTMENT for Ground in the City of Philadelphia. Mercy Maters being eized in fee married Peter Lloyd. Peter Lloyd and Mercy his Wife convey to Ralph Ahton in 1727. Ralph Ahton reconveys to Peter Lloyd the Land in quetion. Afterwards, in 1738, on a Judgment againft Peter Lloyd, the Land in quetion was taken in Execution and old by the Sheriff to the Defendant for £1300.—Plaintiff claims as Heir at Law to Mercy Lloyd, initing that his Mother being a Feme Covert could not legally convey her etate without an examination by Writ. And though in the cae of Davey verus Turner tried in this Court September 1764, it was ruled that an acknowledgement of the Deed on a private examination before a Jutice of peace, was ufficient under a long Uage to anctify her Deed, though not trictly agreeable to Law; yet here there was not even that acknowledgment or private examination.

But it appearing in Evidence, that it had been the contant Uage of the Province formerly for Femes Covert to convey their Etates in this manner, without an acknowledgment or eparate examination; And that there were a great number of valuable Etates held under uch Titles, which it would be dangerous to impeach at this time of day, gave a Charge to the Jury in favour of the Defendants, founded on the Maxim  And the Jury accordingly found for the Defendant. April