Page:United States Reports, Volume 1.djvu/78

 Rh  It was aid in the coure of this caue, that no act of parliament made in England, previous to the ettlement of the Province of Pennylvania, hall extend to the province, unles directed to be o extended either by the acts of aembly, adjudications of courts, or etablihed uage; and, therefore, the tatute 32. H. 8. c. 9. againt embracery, does not extend here; but the tatute of limitations 32. H. 8. c. 2. does. An act of aembly 1 St. Laws, 88. proves this doctrine.

, C. J. in his charge to the jury, laid down the following poitions:

The recital of one deed in another deed, is no evidence but againt the party claiming under it. Vaugh. 74. ''Gilb. L. E,'' 99.

The tatute of 32 H. 8. c. 9. againt embracery, does not make void the contract; notwithtanding the caes in 1 Hawk 249. Carth 251. 2 Blac. 290; for thoe caes extend only to contracts, where no penalties are inflicted.

The tatute of 32. H. 8. c. 9. is not in force in Pennylvania ; nor is the 21 Jac. 1. c. 16; but the tatute of limitations of 32 H. 8. c. 2. is in force here. This tate has had her government above a hundred years; and the tatute of embracery has never been extended either by law, or practice, during that period. It is the opinion of the court, however, that the common law of England has always been in force in Pennylvania; that all tatutes made in Great-Britain before the ettlement of Pennylvania, have no force here, unles they are convenient and adapted to the circumtances of the country; and that all tatutes made ince the ettlement of Pennylvania, have no force here, unles the colonies are particularly named. The pirit of the act of aembly paed in 1718 upports the opinion of the court.

The tatute of limitations, 32 H. 8. c. 2. has always been received in Pennylvania. Fifty years poeion has not been the rule; but it is agreeable to the practice that ixty years poeion hould be a bar.

An ejectment is almot the only action for trying the title to lands in this tate.

The recitals, of, or, in deeds, with repect to a pedigree are evidence.

A bare perception of profits will not out a tenant in common; and for the tatute of limitations to operate as a bar, the proeion mut be advere.

An interlineation, if made after the execution of a deed, will avoid it, though in an immaterial point; nor is it to be preumed to have been made before; the preumption is the contrary, unles otherwie proved.

for the plaintiff, as to one third of the lot in quetion, and for the defendant, as to the other two thirds.