the said lands as are properly in-
cluded. Jarrett's Lessee vs West,

502

23 Where the plaintiff in ejectment
declares for a whole tract of land,
and makes title to a part only, it
is sufficient to locate such part on
the plots, if there is no contro-
versy about the location of the
whole tract; and he may, on such
partial location, read the patent
in evidence. Mitchell et al. Lesse
vs Gover,
507
24. The declaration in ejectment be
ing for a tract of land called Ru
pulla, and the title being for one
caled Repalla, is no variance, if
it is proved to be the same land,
Ib 510
25. A person having an equitable
claim to land included in a patent
ganted to another person, may,
by bill in equity, compel a con-
veyance, &c. West vs. Jarrett,

538
26. Where land had been included in
a grant by fraud- Decred that
the part so included should be
conveyed by the grantee thereof
to the grantee in another grant
for the same land. Garretson vs.
Cole,
3:3 384
27. By the conditions of plantations
and the rules of the land office, a
grant would not be issued on a
certificate of survey which either
comprehended land before grant
ed, or contained two distincttracts,
Ib. 375 376

1. The heir at law of a deceased joint
obligor leaving a survivor, is not
answerable at law upon the bond.
Ile is not answerable for the debt
of his ancestor unless he is sued as
heir, and unless he had promised
to pay the debt. It must also be
averred, that real estate sufficient
had descended to the heir from the
ancestor. Preston vs. Preston, 366
2. As to the construction of a will
disinheriting the heir at law.
Berry's Lessee vs. Berry,
417
3. Where there is a deficiency of as-
sets in the hands of an executor or
administrator, the court of chan-
cery will decree a sale of the real
estate devolving on the heir, &c, of

2. Where an indictment charged that
the prisoner was employed in trans-
porting slaves from Martinique to
Cumana, and the evidence produc-
ed was that he transported the
slaves from Nevis to Cumang-
field, that the indictment, being in
the words of the statute. is suth-
cient without any averment of the
place, which was unnecessary and
mere surplusage, and that proot of
the transportation from Neris sup-
16.
ported the indictment,
3. Where an act directs a fine and
imprisonment to be imposed for an
ofience, the court are bound to in-
flict both it the party is found
guilty,
16.

See Attorney General 2.
Fees 2.

1. A defendant taken in execution on a ca. sa. was discharged on his producing his release under an insolvent law of another state. M.Kim 13. Marshall, 101 2. Bail discharged on evidence being produced of the release of the principal under the insolvent law of another state, Ib. 102 (note) 3. An action may be maintained in the name of an insolvent debtor, unless there is a trustee appointed who has accepted the trust, and to whom a deed has been executed. Kirwan vs. Latour, 289 4. Where conveyances had been made to particular creditors in contemplation of insolvency, they were held to be undue and improper prcferences, and therefore void under the act of 1800, ch. 44, for the benefit of sundry insolvent debtors. Manro vs. Gittings & Smith, See Bankrupt and Bankruptcy.

INSTRUCTIONS.

Sce Location of Lands 1.

INSURANCE.

492

4. It is within the discretion of the court of appeals to give interest by way of additional damages. Contee vs Findley, et al. 331 5. On a judgment founded on a verdict for damages including interest, the court of appeals will permit interest to be calculated thereon from the date of the judgment until its affirmance in such court, and award the same by way of additional damages,

16. 6. Where the court of appeals affirms a judgment of the court below without awarding interest by way of additional damages-in an action on the appeal or writ of error bond, interest can be recovered only from the time of the affirmance. Butcher vs. Norwood, 485 7. On the affirmance of a judgment rendered in the court below in an action of assault and battery, interest by way of additional damages may be awarded, 1b. 8. Where a judgment is entered for a sum of money, on a part of which only, interest is to be paid, if the defendant pays a sum of money more than the amount of the interest due, and neglects to make application of the part which overpaid the interest, the right to make the application devolves on the plaintiff. Gwinn, et ux. vs. Whitaker's Adm'x.

754 9. Every judgment for money will carry interest from the time of its obtention, unless it is otherwise stipulated, or the nature of the judgment prohibits it. Jb. 10. Money paid by a debtor must be

first applied to extinguish the interest, and the surplus, if any, to consume so much of the principal, and the debtor has no election to make a different application, Ib. 11, An execution must pursue the judgment, and in all cases where it will cover the interest as well as the principal, the interest may be levied by execution, if re

coverable in an aetion of debt on the judgment, 16. 12. In an action of debt on a judg ment which hears interest, the jury have no discretion to allow or not allow interest, but must, under the direction of the court, assess a sum of money by way of damages equivalent to the interest, lb. 13. A statement of the legal mode of adjusting payments made on a judgment, where a part only of the sum of money recovered carries interest, Ib. See Application of Payments 1, 2, 3,

4.

101 4. If a cause be under notice of trial, and the defendant under a rule to employ new counsel, and a copy of such rule is served on him, the court will enter judgment against him if he does not appear, though the rule be laid at the same term. Darnall vs Harrison,

137

5. A judgment entered on a verdict for the plaintiff in ejectment for land described to begin at a point (not located on the plots,) to be found by running a certain course, &c. being for land not described within any particular location on the plots, but which was included within the plaintiff's pretensions, Carroll et al. Lessee, vs. E. & S. Norwood, 6. A judgment which is for any canse reversed, can have no legal effect whatever Green vs Stone, 405 7. Where an administrator gives judgment by confession, which is afterwards reversed, he is not precluded from showing afterwards, the want of assets, Ib.

186

8. If money be paid on a judg ment afterwards reversed, it may be recovered back in an action of assumpsit for money had and received, unless it was equitably due at the time of such judgment or payment; and such action will not be at all affected by the proceedings in the original action, Ib. 9. Where there is an award returned in favour of the plaintiff in an action of debt on bond, the judg ment must be entered for the penalty of the bond, &c. Fisher vs. The State use of Johnson, 416 10. A writ of diminution granted to correct a judgment entered for the sum awarded by arbitrators in an action of debt on bond, instead of being entered for the penalty of the bond, &c.

Ib. 11. Where the state and an individual have judgments against a deceased person, in the payment of the

debts of the deceased by his ex-
ecutor, the state's judgment has
a preference, and is to be paid
first. Contee vs. Chew's Et'r. 417
12. If after a judgment has been ren-
dered against a defendant he sells
and conveys his lands bona fide
and for a valuable consideration,
a writ of fieri facias cannot after-
wards be laid thereon, although
twelve months and a day had not
expired, unless a scire facias had
been sued out upon the judg
ment and notice given to the ven.
dee, as terretenant Quere. Ar
nott and Copper vs. Nicholls, 471
13. Under the statute of 5 Geo. Il ch.

7, lands are made liable to the
payment of debts in like manner
as personal estate. By the sta
tute of 29 Car. II, ch 3, § 16, a
fieri facias against personal estate
first delivered to the sheriff, will
have the preference; and as that
statute makes no difference ex-
cept as to purchasers, a fieri facias
against lands, &c remains as a
fieri facias against personal estate
at common law, and that which
is first delivered will have the
preference, and shall be first sa-
tisfied. Quere. Ib. 473 (note)
See Application of Payments.
Costs 3.

Executor and Administrator 18.
Injunction 2.

Interest 4, 5, 6, 7, 8, 9, 11, 12, 13.
Jurisdiction 1, 4.

is arrested in this state, it is cogni-
zable by the courts of this state.
Cumming vs. The State,

340
4. If a sum of money awarded in fa-

vour of the plaintiff on a reference
from the court, be at the time of
awarding, less than the court has
jurisdiction over, there must be
judgment of non suit, though at the
time of entering such judgment,
the sum awarded, with the interest
added to it, would be sufficient to
support the court's jurisdiction.
Harris vs. Dorsey,

See Court of Chancery 35, 51.
Fraud 1.

Grant 20.

Land Office, &.

JURY AND JUROR.

416

See Grant 3, 4, 5. 6, 8, 9, 10, 11, 16.
Location of Lands, 5, 12, 13.
Manor Lands 1.

Presumption 1, 2, 3, 4, 5.

Question of Fact.

Verdict 2, 4.

JUSTICES OF THE PEACE.

See Acknowledgment of Deeds, 1,2,3.
Fieri Facias 1.
Jurisdiction 1.

L.

LACHES AND LENGTH OF
TIME.

See Agent 1.

Assignee and Assignor.

Bill of Exchange.

Court of Chancery 14, 48.

Limitation of Actions.

Payment 1.

Promissory Note 4, 5.

LAND.

1. If lands be sold by a sheriff under
a fieri facias issued on a prior
judgment and lien, the surplus
of the money remaining in the
hands of the sheriff is to be con-
sidered as land, and liable to an
attachment issued on the next sub-
sequent judgment and lien. Da-
vidson vs. Clayland, Garnishee of
Blake,
546

See Attachment 6.

Court of Chancery 46.
Fieri Facias 4, 8.
Heir at Law 3.
Purchase Money 2.

LAND COMMISSION.

1. A land commission under the act
of 1723, ch. 8, and depositions