Page:United States Reports, Volume 1.djvu/513

viii  it being proved, that it was brought in his name for the ufe of another, upon a bona ƒide affignment of the debt.

See Practice. DISTRESS. DISTRINGAS. See Practice. DIVORCE. See Practice. DOMESTIC ATTACHMENT.

The creditors under a domeftic attachment having made a dividend before notice of a debt one to the Commonwealth, under the circumftances of the cafe, the Commonwealth was not afterwards entitled to full payment.

What conftitutes an inhabitant within the attachment laws.

A judgment has relation to the firft day of the Term, fo as to exclude a domeftic attachment in favor of the judgment creditor.

See Foreign Attachment. DOWER.

Dower cannot be barred by a collateral recompenfe; the devife of any thing to a wife cannot be averted to be in bar of dower. becaufe a will imports a confideration in itfelf; and the devife, without other matter is to be taken as a benevolence, and the devifee confidered as a purchaʃor.

The demandant i dower is not eftopped from recovering therein, by an action of partition which fhe had before brought, for dividing lands under a devife in her hufband's will and in which it was acknowledged, that the moiety of the premifes out of which dower is claimed, belonged to the tenants.

N ejectment is almoft the only action for trying the title to lands in Pennʃylvania.

A bare preception of profits will not ouft a tenant in common ; and for the ftatute of limitation to bar, the poffeffion muft be adverfe.

Leffor of the Plaintiff fhall not be obliged to fhew his title farther back, than from the perfon who laft died feized, firft fhewing the eftate to be out of the Proprietaries, or the Commonwealth.

Ejectment may be maintained in Pennfylvania, by the ceʃtat que truʃt in his own name.

A fheriff's deed, which did not recite the record, was allowed to be given in evidence of title, without producing the record.

The Defendant in ejectment muft confefs leaʃe, entry and ouʃter, for all the tenements laid in the declaration ; confeffion for a part only will not be allowed.

The Plaintiff in an action of trefpafs for incline profits, fhall not give evidence of the annual value of the premifes beyond the time of the leafe mentioned in the declaration in ejectment.

On an appeal from the Regulators of party wills, &c. the queftion ought to be tried by ejectment.

See Limitations. ERROR.

Error was affigned, that “ the declaration is for the penalty in a penal bill, but omits to ftate that the fmall fum was not paid, fo that no caufe of action is fhewn to have accrued to the Plaintiff for the penalty : ” But it was held, that this want of an averment could not be taken advantage of on error.

The Court below having refufed to admit the Defendant to read in evidence a copy of an Act of Affembly of the State of Virginia, printed by the Law Printers of that Commonwealth, and ftitched up with a few other acts in a blue paper cover, it was held fatal on error brought.

It was adjudged to be error that the Court below permitted the Plaintiff there to amend his declaration by the writ, after the Jury had been fworn, and then had them fworn again, and received their verdict, without confent, without giving the defendant leave to plead anew, and without an imparlance or awarding the payment of cofts by the Plaintiff.