Page:United States Reports, Volume 1.djvu/30

 Rh  preent at the birth of a child in proof of pedigree. 3 Mod. 36. to hew that the Defendant’s rule of evidence is too trict.

Upon full argument, over-ruled the evidence, upon the principle contended for by the defendant’s council.

Some of the defendant’s council, the next day, offered ome of Doctor Coxe’s letters to David Lloyd, hewing that the condition had been complied with.

adhered to their opinion, and over-ruled thee letters alo.–A verdict paed for the plaintiff, by which the ene of the Jury was, that the non performance of conditions of ettlement, did not void the grant. 

HE Plaintiff, among other evidence, offered a Map, made by one Zimmerman, about thirty years ago. One John Knorr, Zimmerman’s nephew, proved that aid Map was the work of his Uncle, at the requet of the People of Germantown; that his Uncle dying before he was paid for it, it remained in the family; that it contains the lines of the Germantown Lots, and the adjacent out Lands; that, upon any difficulty, they apply to him, and this Map generally determines any diputes they may have about their Lines.

Mr. Chew oppoed this Map, at firt, but afterwards agreed that the Lands in controversy were as laid down in it, and admitted it with a alvo of its being no precedent. Upon the Plaintiff’s offering it to the Jury to take out with them, Mr. Chew oppoed it; and ome difference ariing, declared it was not proper evidence, that they hould not have allowed its being offered to the Jury, nor would they uffer them to take it out with them.