Page:United States Reports, Volume 2.djvu/100

 Ql CAIIS ruled and adjudged in the r]86. But, nr rm Comtr:-Ejeétments are polleifory aélions; V*`•’ audio England it is necelfary to fhewa pollellion within twen- _ ty years. The plaintiff may, therefore, lhew the polfeilion of ` Mr. Calla-udcr, or of any other perfon under whom he claims, writhintbat term;:3:,  todofo, he eertaixdyeis atli- berty to ` proof, t en, under whom the d endant claims, 5:: in fait,  more than Mr. Callandefr Tenant on fulferanee. Let the evidence be admitted. I 2. It was_obje£led, on the part of the defendant, that the Fa. by virtueof which thelands in queilion had been fold, Ouly diretied  to levy oftbe good: dud rbrdrrls, {ft.-- which is not an authority to take the land: in execution. . Br ·r1-rn- Cpun;:—Lands arfeto be conlidered as chattels in Perm uh, or e yment o debts. In fome ‘counties of . this  and throughzut the State of .Dda·war¢, the writs of . ¤Fi. I}:. aiwaysidiie in that form. It is {aid, that the prece- dents mention •* Lands and Tenements"; but this hasnot been proved, as it ought to he, by producing in Court fueh prece- . dents before, at the time, and fubfequent, to the ilfuing of the writ. At moil, however, it is butan omillion, in point of form; which is too {lender afoundation for overfetting a iherifs fale of lands. W7y`an, for the Plaintilil Date: and Smith, for the Defen- dant. Pexmxcron wrju: Sco·rr.* HIS caufe being marked for trial, the defendant moved to T poilpone it, uponan allidavit,{lating,“ thathe took out a Jiaipzm three weeks ago, as foon asthe time for holding the . Court was known, and immediately employed one Rub} to ferve it on the witnefs, who lived at a dlllcance; that he had, likewife, {ent, by the meifenger, a letter to his Brother, reqnelling him to —fee that the frbpznn was ferved, and the xvitnefs expedited, iu cafe of an accident to Rabb; that the witneii was material, without whofe rellimony, the defendant could not fafely go to ’ ¤ trial;_that Rabb had not returned, nor had the defendant heard , . any tiring of him lince his departure; and that he thinks it pro- bable that the attendance of the wimefs might be procured at the next Court." Yah: iniilled, that the defendant muil produce a jirlyxmzxa, and prove the fervice of it, in order to bring his cafe within the general rule. - But, ur rms Counr:—It appears that as foon as the defen- dant had notice of the time of trial, he took out a jidyeua for a ’ Ruled at L.:u.rar!:;· .’i:i Prius.

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