Page:United States Reports, Volume 1.djvu/521

xvi  and of the property of each; but the Court would not reverfe an inqueft for omitting this.

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

The practice in the Orphan's Court has been to direct the fame Inqueft which is appointed to make a partition of real eftate, if that cannot be done without prejudicing the whole, then to make the valuation.

Where a recovery in partition is no bar to an action of Dower, in that moiety of the premifes, which in affigned to the Tenant.

See''Dower. Inteʃtate. Orphan's Court.'' PARTNERSHIP.

One Partner cannot bind another by executing a Deed under the joint firm.

Not only the Ship's Hufband, but all the real owners at the time of the work done, are liable to the Tradefmen.

Payment to an Executor, or Adminiftrator, of a deceafed Partner, can be no fatisfaction to the furvivor, who has the fole right of fuing for, and of receiving the monies due to the company.

Articles of Copartnerfhip, being ves inter alias acta, the limitations cannot be known,and, therefore, ought not to affect a third perfon, who acts under a legal authority from one of the Partners.

One of two Partners may give an authority to a clerk under the firm of the Houfe ; and the clerk may, in confequence thereof, accept bills, and figs, or indorfe, notes, in the name of the company.

See ''Action. Bankruptcy. Judgment.'' PARTY-WALL.

The reimburfement of the coft of the moiety of a party wall, is only a perfonal charge againft the builder of the fecond houfe, and not a lien upon the houfe itfelf.

It is not neceffary that an examination fhould appear upon an order of Seffions for the removal of a Pauper.

If a Pauper was injured by removal, a remedy may be had by Information.

Under the plea of Payment, miftake, or want of confideration, may be given in evidence.

A Bond given in payment of a precedent debt, is conclufive evidence of the Contract to prevent the Obligor's claim of paying by Inftalments under the act of Affembly.

Partial payments, a rule for crediting them.

Payment to an Executor, or Adminiftrator, of a deceafed Partner, is no fatisfaction to the furvivor, who has the fole right of fuing for, and receiving the monies due to the company.

In an action of debt upon a Bond, and where the iffue is joined on a plea of Payment the Jury may, and ought to prefume every thing to have been paid, which, en eque et bono, ought not to be paid.

Money paid into the hands of the Prothonotary upon a judgment, is to be confidered in the fame ftate as if paid to the Sheriff ; and is not liable to be attached by the perfon who paid it, on a fuggeftion that the debt may have been otherwife fatisfied.

Where a Bond fhall not be confidered as payment, or extinguifhment, pro tanto, of money due upon a mortgage.

See ''Practice. Current Money. Adminiʃtrator. Evidence.''

POLICY. See ''Inʃurance. Evidence.''

PRACTICE.

When the Defendant has fhewn title in a third perfon, he may take the opinion of the Court on that title, by motion for a nonʃuit, before he has gone through all his evidence.

In fuch cafe the Plaintiff cannot demur to the Defendant's evidence, ’till he has gone through the whole.

When a Deed is preduced in