Page:United States Reports, Volume 1.djvu/29

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LAINTIFF hewed a title in himelf to the Province of Pennylvania, and then reted.

Defendant hewed a deed for one thouand acres of land–alo a warrant to himelf, and two others, to take up three thouand acres of land, which included the lands in controvery—alo a power of attorney to David Lloyd to take care of aid land, and an account of the expences of urvey.

Defendant having hewn title in a third peron, as he conceived, moved for a nonuit, and as authorities cited ''Bull. Nii. Prius, Intit. Leg. title Eject.''

Plaintiff’s Council inited to know, whether the Defendant had gone through all his evidence; and aid that he was not entitled to the opinion of the Court till then upon his title in a third peron.

determined : and then gave their opinion, that as the Defendant’s deed was a conditional deed upon the face of it, he was not intitled to a nonuit.

The Plaintiff’s Council then contended, that they had a right to demur to the Defendant’s evidence. This was oppoed by the Defendant’s Council, who inited they had a right to go through their evidence, before the Demurrer was allowed. Of which opinion alo was: and the Defendant proceeded with his evidence, among which was a letter from William Penn, the firt, acknowledging this ale and grant.

The Plaintiff afterwards offered a ubequent letter of William Penn’s, declaring the grant to be conditional; and, as this condition was not performed, the grantees hould not have the land.

This the Defendant’s Council oppoed, on the principle, that no man could create evidence for himelf.

Tilghman. Letters are like converation when the whole mut be given.

Dickinon, on the ame ide, offered thee authorities: 12 Vin. 101. An old manucript evidence. Id. 247. The declaration of a woman preent