Page:United States Reports, Volume 2.djvu/258

 252 Casas ruled and adjudged in the l r It is a eral rule, that any exception which may be talten 5;,32} advantageggf on awrit of Errorymay, alfo, be taken advan- tage of, on a motion in arreit of judgment. By the declaration, it appears, that the party had not a eaufe of aéliona {ince the promillbry note is there {lated to have been made payable to Vu tm only, and not to his order. For this defeél of title (which will be apparent from the record-whenever, and where- 4 ver, it may be examined) there is no doubt the 'udgment would be reverfed on a removal into the High Court of] Errors and Ap-. peals: And, if it would be fuflicient ground to reverfe, I re· peat, that it is afuEcient ground to arrell, the judgment. - judgment arrelted. Hn·rsnonna’s Lelfee wrfw Parrott. · THIS caufe had been tried repeatedly in the city of Phila- deqabia; but the Jury could not, in any inliance, agree upon a verdi&. Iugerjbll, therefore, fuggelled to the Court, that in order to obtain a ]ury, whofe minds were unbialfed by reports, difcullions, and converfations, relating to the contro- verfy, the iherilf lhould be dire&ed to return a pannel from the the county, exclulive of the city. M‘K:an, on the other hand, obferved, that the Court could not give any fuch direéiions without confent of the parties, and that confent would not be given. _ Br Tm; Comer :—-Can we direét the iherilf to take a ]ury from any particular part of a county ? Surely not. There are no perfons, in fad}, interefled, but the parties ; and if a le· gal exception can be eftablifhed againit the whole pannel, or any individual Juror, it will be allowed at the proper time. I Paarr, Executrix wrjiu WILLIS. _ YY R: $8 THIS was an aélion of debt, on a bond which was executed L, u on the 29th of umm r··8, b the defendant, to b· E gz '?‘P;In•iabPWc@/lar, the 'feltzor, i1?theIpgnal)l`um of {Sooo, with B, 2/é24lI'1¢f0ll0Wll1 condition fubjoined: ·· Whereas the laid Samuel · 5 bq Ifnllir did, his deed, duly executed under his hand and {ea], rz 2/¢z'bcaring even ate with thefe prefents, grant, bargain and fell unto g v thefaid Pthtialv W ed/kr a certain tra£t of land therein defcrib- ` 4-*M’·ed, containing 12,62.5 acres, and contracted to make a clear ti- tle in fee, under a patent or patents from the State of Pm»yj;I· wuula, for the fame 2 And whereas patents for the 1`aid lands have not

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