Page:United States Reports, Volume 1.djvu/516

Rh  When the judgment of a Juftice of the Peace is affirmed upon a removal into the Supreme Court, execution may iffue at once, without referring the caufe again to Juftice.

Land of an interftate are bound for the payment of his debts, and may for that purpofe be taken in execution, although the heir may have previoufly fold and conveyed them to a bona ƒide purchafor.

See ''Bankruptcy. Interʃtate.'' EXECUTOR. See Adminiʃtrator. EXTINGUISHMENT. See Payment.

N an indictment for Forcible Entry and Detainer, title cannot be given in evidence to prevent reftitution.

Wife of the profecutor in an indictment for forcible entry and detainer may be a witnefs to prove the force, but only the force.

Motion in arreft of judgment:–1ft. That the indictment of forcible entry, &c. ftated that “ the profecutor was ʃeized in his demefne as of fee,”  without faying when : 2d. That the indictment ftated that, “ he was ʃeized in his demefne as of fee, ” and “ that his poʃʃeʃʃion  thereof as aforefaid, continued until&c” which was repugnant. But both objections were over-ruled.

The proceedings on an inquifition of Forcible entry, &c. were quafhed, becaufe the defendant was ftated in the inqueft to have been poʃʃeʃʃed, but no eftate or term was laid.

Rum configned to be fold on account of the confignor, and to be applied firft to the payment of a debt due to the confignee, is not liable to a Foreign attachment, till the confignee is fatisfied.

Property of a fifter ftate is not liable to an attachment in Pennʃylvania, for a debt due from fuch ftate to an individual. in not.

A man who comes from another place to refide amongft us, introduces his family here, takes a houfe, engages in trade, contracts debts, and, after fometime, runs away with defign to defraud his creditors, is fuch an inhabitant as not to be an object of the Foreign Attachment, but of the Domeftic Attachment.

The Court will enquire into the caufe of action in the cafe of Foreign Attachments, as they do in the cafe of a Capias.

What conftitutes an Inhabitant, within the meaning of the attachment laws.

What proof of a debt is fufficient in a Foreign Attachment, upon a citation to fhew the caufe of action.

After judgment has been regularly entered in a Foreign Attachment, ₢uere, whether it is not too late to move to quafh the writ.

Money paid into the hands of the Prothonotary was attached by the defendant as foon as he paid in ; but, on motion the attachment was quafhed.

In executing a writ of inquiry upon a judgment in a Foreign Attachment, the defendant is not entitled to produce evidence to the Jury.

A fhallop attached was directed to be fold as a perifhable commodity, upon motion, and pofitive affidavit of the debt, at the firft term.

A Foreign Attachment will not ly againft an inhabitant of the State, though avowing an intention to emigrate, and actually on his journey for that purpofe.

See Domeʃtic Attachment. ''Judgment. Evidence.''

The Engliʃh ftatute of frauds and perjuries, 29. Car. 2. c. 3. does not extend to Pennʃylvania

But that ftatute is fupplied by an act of Affembly paffed 12 G. 3. c. 31,

The act was made to prevent frauds as well as perjuries ; it fhould be conftrued liberally, and beneficially expounded for the fuppreffion of cheats and wrongs.

An engagement that if D.S. would make a conveyance to L.S. he would reconvey to a third perfon, although not in writing, and concerning lands of inheritance, is not, under the particular circumftances of the cafe, void by the act of Affembly.