Page:United States Reports, Volume 1.djvu/518

Rh  An agreement entered into by underwriters to be bound by one verdict, in equally binding on the parties whether made in perfon, or by a broker mutually employed.

All fuch agreements ought fift to be entered on the Records of the Court.

See Evidence. INTEREST.

Where money is received, as well as paid, in a miftake, and neither frank nor furprize can be imputed to either party, intereft fhall not be allowed in an action to recover the money back.

The rule for computing intereft on partial payments.

Intereft fhall not be allowed upon an open account for goods fold and delivered.

The cafe in Douglas relates only to the American trade with England, and does not interfere with the general rule.

Money received for another, and retained without the owner's confent, ought to carry intereft.

J. F. having two Sons and a Daughter, devifed a plantation to Mathias in fee. Mathias died in his minority, intereftate, and without iffued: Ruled, that the plantation fhould not go to the heirs of Mathias at common law, but be divided among his brothers and fifters, under the fupplemental inteftate law.

Where the heir at law takes an inteftate's ;ands at a valuation, the Orphan's Court ought inftead of Bonds, which are a mere perfonal fecurity, to take his recognizance, by which the lands themfelves would be bound for the payment of the diftributive fhares.

The eldeft son, of the eldeft fon of an interftate, is entitled to an eftate which cannot be divided, at the valuation, in the fame manner as his father:

And the adjudication is not to be to all the children of the eldeft fon, but to his eldeft fon, who is alone his heir at common law.

In partition of an inteftate's eftate, the decree of the Orphan's Court was reverfed, becaufe no provifion was made for a Tenant by the curtofy of his wife's fhare.

Where the purparts of the valuation money, at which the heir at law takes an inteftate's real eftate, are not fpecified, nor the time of payment fixed, the fentence of the Orphan's Court is not fufficiently certain:

But, on appeal, the Supreme Court might reduce both thofe points to certainly ; and, in that cafe, the whole cofts of the appeal would fall on the Defendant.

Where an heir at law offers to take an interftate's real eftate at a valuation, the fee in the premifes is not vefted in him, if he has neither paid, nor fecured the payment of, the valuation money to thofe who are entitled to receive it.

Upon the death of a man, inteftate, his lands are bound for the payment of his debts in fuch a manner, that they may be taken in execution and fold, notwithftanding the heir may have previoufly fold and conveyed the fame to bona ƒide purchafors:

And in fuch cafe, the purchafor from one heir is bound to contribute in aid of the other heirs, whofe lands remain unfold.

But quere, whether Purchafors under an order of the Orphan's Court, are likewife bound to contribute?

JUDGES. See Judgment. JUDGMENT.

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

Judges are not bound to affign any reafons for their judgment, and when they do, it is always in public.

Judgment confeffed by warrant of attorney executed by one Partner, in the name of both, fet afide as to the Partner who did not fign the warrant, and confirmed as to the Partner that did.

A judgment obtained in a foreign attachment in a fifter ftate is not conclufive evidence of the debt, in an action between the fame parties here.