N.

NAME.

See Bargain and Sale 2.

NATURAL GUARDIAN.

1. A father is the natural guardian of his infant children, and where they have no other guardian, may maintain replevin for their personal preperty, though the children be females, and upwards of sixteen and under twenty-one years of age at the time of the institution of the suit. Smith vs. Williamson, 149

NEEDLE.

See Variation.

NEGRO.

See Witness 10.

NEUTRALITY. See Admiralty Court.

NIL DEBET.

See Practice 40.

NON ACCEPTANCE.

See Bill of Exchange.

NON EST FACTUM.

See Pleading 13.

Practice 1, 40.

NONPAYMENT.

See Bill of Exchange.

NON PROSS AND NONSUIT. See Jurisdiction 4.

Practice 32.

NONRESIDENT.

See Conveyance 7, 8.

Limitation of Actions 8.

NOTICE.

1

1. Depositions not appearing on their face to have been taken according to notice, both as to time and place, cannot be given in evidence. Collins et ux Lessee, vs. Elliott, 2. Where notice is necessary to be given to a principal by his agent of his having entered into stipula tions, &c. Where the jury are to decide whether the notice had been given, and where they may presume it had been given. Harper vs. Hampton, 684 713, 3. Where notice is not necessary to be given by an agent to his principal, &c. Ib. 716

ORPHANS COURT.

1. The orphans court having ratified a sale made by an executor or administrator at which he was a pur. chaser, does not preclude the court of chancery from setting it aside Conway et al. vs. Green's Adm'r. 151 2. Could the orphans court, before the act of 1798, ch. 101, set aside a sale where the executor or administrator acted fraudulently? &c. Ib. 3. The auditor in s ating an account

against executors under a decree of the court of chancery to account, is not concluded by any allowance made to them by the or phans court, but must determine from the vouchers whether or not

such allowance was just. Scott et ux. vs. Dorsey's Ex'rs. 231.

4. An account settled with the orphans court by executors is not conclusive, if there has been any allowance made which is not authorised by law, but evidence will not be required to establish any articles allowed, if they were of a nature proper to be allowed, 16. 232 5. It is the province of the orphans court to determine whether or not an allowance of an extra commission shall be made to an executor for extraordinary trouble, 1b 232 6. Allowances to executors for finish. ing the crop, and for funeral expenses, are limited by law, and are to be made by the orphans court, lb 233 See Executor and Administrator 11, 14, 16, 18, 20, 21, 22.

P.

PAPER MONEY.

See Executor and Administrator. 29

PARCENERS.

See Ejectment 116.

Heirs at Law 6.

PARENT AND CHILD. 1. The court of chancery will not compel a conveyance where a pa. rent, long before the marriage of a child, promised if the child was dutiful, and married with the parent's consent, that upon such marriage he would convey a tract of land to the child, unless such promise was renewed anterior to such marriage, even though after such marriage the child was put in possession of a part of the land, and erected some improvements thereon. Worley et ux. vs. Walling et al.

See Court of Chancery 45.

206

PAROL EVIDENCE.

210

1. Parol evidence may be received to prove that a grantor was a resident of the county in which the deed was acknowledged, although stated in the deed as residing in a different county. Gittings's Lessee vs. Hall,

18 2. Parol evidence cannot be given to prove the nonpayment of the consideration money for lands sold and conveyed, the deed expressing that the consideration had been receiv ed. Dixon vs Swiggett, 252 3. Parol evidence is not admissible to prove that the surveyor never did actually run out or survey the land included in a certificate of survey returned by him, until after a grant had issued thereon. Webb's Lessee vs. Beard, 349

4. In an action of debt on a bond for the purchase money of land sold and conveyed, parol evidence cannot be given by a witness that he was seised of any part of the land so sold, in order to rebut the claim

1. A bond delivered to a creditor to be collected, and the a nount applied to the discharge of so much of the debt due to him, is not to be credited as a payment, unless the money was received; and there is no laches on the creditor, unless the bond was assigned to him, or he had express directions to proceed to recover the money. Pearce et al vs. Wallace & Muir, 43

2. A draft for sterling money is to be credited at the rate of exchange at the time of the draft. Ib. 3. Where A being indebted to B for goods sold on a credit, for which, according to the custom of merchants, interest was to be charged, and A afterwards pays the amount of the principal without directing how it was to be applied-Held that such payment is to be applied first VOL. I. 103

1. A plea of general performance may be withdrawn for the purpose of pleading non est factum. Hughes vs. Christie,

executor. Ex'rs.

105 2. A plea of plene administravit cannot be withdrawn at the trial court for the purpose of pleading ne unques The State vs. Boone's 134 3. The act of limitation cannot be taken advantage of in an action of replevin, unless pleaded Smith vs. Williamson, 1.9 4. A plea of payment may be withdrawn at the trial court for the purpose of pleading infancy. Somervell et al vs King, 26 5. In an action of debon a replev n bond, or on any bond with a collateral condition, it is not necessary for the plaintiff to produce the original bond in evidence, alter general performance has been pleaded. Reid vs Wethered, 448

C. Where there are issues in fact and in law, the last shall be tried first. Harper vs. Hampton, 453

7. Where to a plea of limitations the
plaintiff replies beyond seas, to wit,
in another s ate, a rejoinder of the
act of limitations of such other
state is a departure from the plea,
and fatal on demurrer,
Ib
8. Quere. Whether a contract made
in another state, to which limita-
tions there would be a bar, can be
recovered on here, if such delence
be properly pleaded?
Ib.
9. In an action of assault and battery,
if the defendant pleads son assault
demesne, the plaintiff can give no
evidence of an assault except on the
day laid in the declaration, and
this whether the defendant gives
evidence in support of his plea or
not. Gibson vs. Fleming, 483
10. A general demurrer, or any plea

going to the merits, will be re-
ceived at any time to prevent a
non pross. Contee vs. Beall, 485
11. Upon the dissolution of an attach-

491

ment by the appearance of the
defendant, he has a right to plead
for himself, and the plea put in
by the garnishee cannot affect
him. Wilson vs. Starr,
12. The plea of payment to an action
of debt on a bond cannot be with-
drawn for the purpose of plead.
ing nil debet. It may be, to plead
non est factum, on the payment of
costs. Williams's Ex'r. vs Wil-
liams,
752
13. Where the plea of non est factum
is the proper plea to an action of
debt on a bond stated to be in the
defendant's possession by fraud,
&c.
Ib. 752

See Accord and Satisfaction.

Account in Bar I.

Condition Precedent.

Discount.

Heir at Law 1.

Limitation of Actions 2.
Nul Tiel Record

Relicta Verificatione.

PLENE ADMINISTRAVIT.
See Practice 3.

PLOTS.

See Evidence, 79, 81.

Location of Lands.

POSSESSION.

1. Evidence may be given of posses-
sion under a defective deed which
is located on the plots in an action
of ejectment, although particular
places of possession are not located.

POUNDAGE FEES.
1. The defendant and not the plaintiff
is answerable to the sheriff for his
poundage fees due on executions.
Howard vs The Levy Court, &c.
558

2. If property is taken under a fieri
facias, and the plaintiff and defen-
dant compromise, the sheriff may
sell to the amount of his poundage
fees,
16.

3. If the defendant has paid the debt
and costs-under a ca. a the she
riff can compel payment of his
poundage fees in the same manner
as he can for other fees,

Ib.

4. The sheriff is ent tled to poundage
fees only on the sum really and ac-
tually due on the execution to the
plaintiff,

fb.

5 Where there are several executions
against several defendants for the
same debt, the sheriff is entitled to
but one poundage fee,

lb.

6. Where executions issue for the
same debt against several defen

1. The plea o general performance
may be withdrawn for the purpose
of pleading non est factum Hughes
vs Christie,

165
2. Leave given to the defendant in
ejectment to narrow his defence
taken on the plots, on payment of
costs. Howard's Lessee vs. Crem
well,
115
3. A plea of plene administravit cannot
be withdrawn at the trial court for
the purpose of pleading ne unques
executors. The State vs. Boone's
Ex'rs.
134

4. If a cause be under notice of trial
and the de endant under a rule to
employ new counsel, and a copy of
such role be served on him, the
count will enter judgment against
him if he does not appear in per
son, or by attorney, though the
rule be laid at the same term Dar-
nall vs, Harrison,

137

5. A conveyance for a moiety of a
tract of land permitted to be read
in evidence, in an action of tres-
pass on the said land, before it was
proved that the grantor therein had
a right to convey. The court will
direct the jury, in case it is not af-
terwards shown that he had such
right, that such conveyance is not
evidence Lowes vs. Holbrook, 153
6. A bill of exceptions may be taken
to the opinion of the county court
on any question decided relative to
the practice adopted therein Bris
coe et al vs Ward,
165
7. The county court refused to re-
ceive the plaintiff's declaration at
the fourth term, and to lay a rule
on the defendant to plead at that or
the succeeding term, and wholly
refused to continue the cause-on
appeal reversed,
lb.
8. Defendants in an action of eject.
ment, after they have taken a joint
defence, are not permitted at the
trial to sever their defence. Carroll
et al Lessee. vs Norwood, 1-2
9. A plea of payment may be with-
drawn at the trial court for the pur.
pose of pleading infancy. Somer-
vell et al. vs. King,

206

10 Proceedings will be stayed in an
action of ejectment, unless the
costs recovered in a former eject-
ment between the same pa ties are
paid Bull's Lessee vs. Sheredine,

206

11 The allowance for the attendance
of a witness who was summoned
bu' not sworn at the trial, is not to
be taxed in the costs of suit, unless
directed, on application, by the
court. Davis et al Lessee, vs. Bat-
270 (note)

295

ty,
12 Defence on warrant taken in an
action of ejectment may be chang-
ed to general defence, on the de-
fendant's paying the costs of the
survey. Cheney's Lessee vs. Wat-
kins,
13 li one party gets a commission to
take testimony on the terms that
whether it be returned or not the
cause shall not, on that account,
be continued at the ensuing term;
yet if it be returned exécuted at
the ensuing term, the adverse par-
ty has a right to a continuance till
he has time to examine the festi
mony, that he may have an oppor
tunity of disproving it it he thinks
necessary. Norwood's Lessee" vs.
Ouings,

Harper vs Hampton,

296

686

14 On paying the whole costs incur-
red in the action, the plaintiff may
amend his declaration from as ump-
sit to trover. Kirwan vs. Ralorg,

296

15 On a judgment founded on a ver-
dict for dainages including interest,
the court of appeals will permit' in-
terest to be calculated thereon from
the date of the judgment until its
afirmance in such court, and
award the same by way of additi-
onal damages. Contec vs. Findley,

et al
331
16 Where a court of equity decrees
a conveyance of land to be execu
ted by the defendant to the com-
plainant, and on the service of a
copy of the decree, under seal,
with a tender of a deed in pursu-
ance of the decree, the defendant
refuses to deliver up possession of
the land and to execute the deed,
an attachment issues. &c and af-
terwards a writ of injunction to
compel delivery of possession, may
be issued. Garretson vs. Cole,
370 377 378 384 386 387.
The form of such writ of in-
junction,
Ib 388
If such writ of injunction be
not obeyed, the court will grant a

17

18