Page:United States Reports, Volume 1.djvu/514

Rh  Copy of a deed enrolled in B R. in England, evidence of a title to lands in Pennʃylvania.

Copy from a revifter of births and death of ₢uakers in England, evidence to prove the death of a perfon.

In Partition, on the plea of non ten inʃinual, &c. evidence may be given, that fome of the Defendants were not tenants of the freehold, but only tenants at will.

The exemplification of a will made in England, and certified under the feal of the Prerogative Court, may be given in evidence.

Minutes of the commiffioners of property may be given in evidence.

The original private book of memorandums of the Secretary of the Land Office, refpecting the defcription of the land originally applied for, was given in evidence by conʃent, on the recommendation of the Court who thought it a queftion of great importance.

The proteft of a mafter of a fhip allowed to be given in evidence.

A letter from the Receiver General and Secretary of he Land Office, to the Surveyor General's Deputy, was allowed to be given in evidence, as the foundation of the Defendant's title.

A furvey made in purfuance of the above letter, not returned into the proper office, but found among the Deputy Surveyor's land paper, many years after his death, was allowed to be given in evidence, againft a regular warrant and furvey of a fubfequent date, a fettlement and poffeffion being proved.

The votes of Affembly and minutes of Council, were evidence to prove the time of the notification of the repeal of an act by the King and Council.

Evidence of a parol declaration of Mr. Penn, that the land in difpute was fold to the Defendant, rejected by the Court.

Hearʃay permitted to be given in evidence to prove pedigree.

The ftrict rules of evidence ought not to be extended to mercantile tranfactions.

An account fales allowed to be given in evidence, on proof of the hand writing on the factor, who figned it.

On plea of payment, in an action of debt on a bond, the Defendant may give evidence of a miftake, or want of confideration.

No man fhall create evidence for himfelf ; therefore, letters written by the leffor of the plaintiff, to fhew that his grant, on which the defendant made title, was conditional, were rejected.

The lift, commonly called the liʃt oƒ firʃt purchaʃors, was admitted in evidence to prove a grant of 500 acres from W. Penn, by deed, alledged to be loft.

The pafs of a Juftice of New Jerʃey is not admiffible in evidence, in a caufe refpecting the feizure of goods brought into Pennʃylvania againft an act of Affembly.

Any deed under feal, when proved is proper to be given in evidence.

A deed fworn to by one witnefs before a magiftrate, who certifies the fame, is within the rule.

A paper copied from the books of the Surveyors's office, ftating that a furvey had been made, was not allowed to be read in evidence; but the book from which it was taken, was admitted, without fhewing any actual furvey.

On proof that the Defendant in ejectment was in under J. P. or his heirs, the leffor of the Plaintiff was allowed to give evidence of the detention of deeds by the heirs of J.P. and alfo to read letters written by J.P.

Evidence allowed to be given of the conffeffion of the Defendant, made after the commencement of the fuit.

Probate of a will in the Prerogative Court of Canterbury, not recorded here, allowed to be given in evidence.

Two deeds, both executed in England, but only one of them recorded here, were allowed to be given in evidence.

A letter from a third perfon no way concerned in the title, was offered in evidence to prove under whom he had poffeffion, but refufed.

Recital of one deed in another is no evidence, but againft the party claiming under it.

In forcible entry, &c. title cannot be given in evidence to prevent reftitution.