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7. The case of such a power to sell

is not within the purview of the
statute of limitations of Connec
ticut, which limits all rights of
entry and action to fifteen years
after the title accrues; but the
reasonable time, within which
the power must be exercised, is
to be fixed by analogy to that
statute. Id.

117
8. One heir, notwithstanding his

entry as heir, may afterwards,
by disseisin of his co-beirs, ac-
quire an exclusive possession,
upon which the statute will run
both against his co-heirs and
against creditors. Id. 120
An heir may claim an estate by
title distinct or paramount to that
of his ancestor ; and if his pos-
session is exclusive under such
claim, against all other persons,
until the statute period has run,
he is entitled to the protection of
the bar. Id.

121
10. A person having an interest only

in the question, and not in the
event of the suit, is a competent
witness. Evans v. Eaton, 356.

421
11. In general, the liability of a wit-

ness to a like action, or his
standing in the same predica-
ment with the party sued, if the
verdict cannot be given in evi-
dence for or against him, is an
interest in the question, and

does not exclude him. Id. 424
12. Where a deposition has once

been read in evidence without
opposition, it cannot be after-
wards objected to as being ir-
regularly taken. Evans v. Het.

453
13. It is no objection to the compe.

tency or credibility of a witness,
that he is subject to fits of de-
rangement, if he is sane at the
time of giving his testimony.
Id.

470

14. The doctrine that if witnesses

concur in proof of a material
fact, they ought to be believed
in respect to that fact, whatever
may be the other contradictions
in their testimony, ought to be
received under many qualifica-
tions and with great caution.

The Santissima Trinidad, 338
15. Application of the maxim, falsus
in uno, falsus in omnibus. Id.

is : 339
16. The decisions of the board of

Commissioners under the acts of
Congress providing for the in-
demnification of claimants to
public lands in the Mississippi
Territory, (commonly called
the Yazoo lands) are conclu.
sive between the parties in all
cases within the jurisdiction of
the Commissioners. Brown v.
Jackson,

218. 237
17. This determination reconciled

with that of the Court in Brown
v. Gilinan, ante, vol. IV. p.255.

Id.
18. The practice of the State Courts

cannot sanction the admission of
depositions in the Courts of the
United States, which are not
taken according to the laws of
the United States, and the rules
of their Courts. Evans v. Fa-
ton,

240

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FRAUD.
1. A debtor has a right to prefer

one creditor to another in pay-
ment, and his private motives
for giving the preference can-
not affect the exercise of the
right, if the preferred creditor
has done nothing improper to
procure it. Marbury v. Brooks,

565
2. But any unlawful consideration,

moving from the preferred

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The doctrine of estoppel, or the

principle of legal policy, which
forbids a party from denying the
title under which he has re-
ceived a conveyance, does not
apply as between vendor and
vendee, especially where the
latter has not received posse
sion from the former. Blig' * :

lessee v. Rochester, 535
See EJECTMENT, Evidence,

Co.

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sen

ipsu-
uy a regu-
osoundness at
-nt period of the
ischarged the under.
8. Dorr v. The Pacific

581
. An exemplification of a condem.
nation of the vessel in a foreign
Court of Vice Admiralty, reci.
ting the certificate of surveyors,
that the vessel was unworthy of
being repaired, and unsafe and
unfit ever to go to sea again, and
produced in evidence by the in-
sured to prove the loss, is "a
regular survey,” in the lan-
guage of the above clause. Id.

581
3. But the survey must correspond

with the contract, and if the
vessel be declared unseaworthy
for any additional cause, besides
being “unsound or rotten," it
is not conclusive evidence of un-
seaworthiness Id.

581
J

EJECTMF !

in a
1. Possession of

which
claiming it af f , or was
prima faci sented to by
ownership me express or
inheritargement to suppress

liams, ration. ld. 577
2. But p wit be invalidated by the

ed that the trustee, to whom
'włonveyance is made, being
the father-in-law of the debtor,

ceived the conveyance with a
view of concealing the felony,
and preventing a prosecution of
his son-in-law, provided it was
not executed wth the concur-
rence of the cestui que trusts,
and a knowledge on their part
of the motives which influenced
the trustee, or was not after-
wards assented to by them un-
der some engagement to sup.
press the prosecution. Id. 579

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JUDGMENT.
See Evidence, 16. 17.

Prize, 11, 12. 17.

JURISDICTION.
A writ of errror lies from this

Court, upon a judginent of the
Circuit Courts awarding a pe.
remptory mandamus. The Com

INSURANCE.
1. Under a policy containing the

following clause : “And lastly,

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great caution.
for many qualifica.
testimoor, ought to be
be the other contradations
y respect to that fact, wbuterer
fact, they ought to be be hered

concur in proof of a material
14. The doctrine that if witnesses

- of grants, grounds

it rests, and to what
.cable. Ricard v. Williams,

59. 109
* Presumption of grants, how far

limited to periods analogous to
those of the statute of limita-
tions. Id.

110
3. The reasonable time, within

which the power of the admi-
nistrator to sell real estate for
the payment of debts, under the
local law of Massachusetts and
Connecticut, must be exercised,
is to be fixed by analogy to the
statute of limitations. Id. 117
One heir may, by disseisin of bis
co-beirs, acquire an exclusive
possession, upon which the sta-
tute will run, both against his
co-heirs, and against creditors.
Id.

120

son who acquires an equity
holds a right, subject to exami-

nation. Miller v. Kerr, 1
2. Where the register of the land

office of Virginia had, by mis-
take, given a warrant for milita-
ry services in the Continental
line, on a certificate authorizing
a warrant for services in the
State line, and in recording it,
pursued the certificate, and not
the warrant, it was held that this
Court could not support a prior
entry and survey, on a warrant
thus issued by mistake, against

a senior patent. Id.
3. Where the plaintiffs seek to set

aside the legal title, because
they have the superior equity,
it is consistent with the princi-
ples of the Court to rebut this
equity by any circumstances
wbich may impair it : and the
legal title cannot be made to
yield to an equity founded on
the mistake of a ministerial offi-

cer. Id.
4. Where platts are returned and

grants made, without an actual
survey, the rule of construction
wbich has been adopted, in or.
der to settle the conflicting
claims of different parties, is,
that the most material, and most
certain calls shall control those
which are less material and less

certain. Newsom v. Pryor, 7
5. A call for a natural object, as a

river, a known stream, a spring,
or even a marked line, shall
control both course and distance,

Id.
6. There is no distinction between

a call to stop at a river, and a

call to cross a river. Id. 12
7. Where a grant was made for

5,000 acres of land,“ lying on
both sides of the two main forks

LOCAL LAW.

10

1. A warrant and survey authorize

the proprietor of them to de.
mand the legal title, but do not,
in themselves, constitute a legal
title : until the consummation
of the title by a grant, the per-

creditor, to induce the prefer-
ence, will avoid the deed wbich
gives it. Id.

577
3. It is not necessary, to the va-

lidity of such a deed, that the
creditors, for whose benefit it is
made, should have notice of
the execution of the deed, pro-
vided they afterwards assent to
the provisions made for their
benefit. Id.

577
Nor it is any objection, to the
validity of the deed, that it was
made by the grantor, in the
hope and expectation, that it
would prevent a prosecution for
a felony, connected with his
transactions with his creditors ;
if the favoured creditors have
done nothing to excite that bope,
and the deed was not made with
their concurrence, and with a
koowledge of the motives which
influenced the grantor, or was
not afterwards assented to by
them under some express or
implied engagement to suppress
'the prosecution. ld. 577
ā. Nor will it be invalidated by the

fact, that the trustee, to whom
the conveyance is made, being
the father in-law of the debtor,
received the conveyance with a
view of concealing the felony,
and preventing a prosecution of
his son-in-law, provided it was
not executed wth the concur-
rence of the cestui que trusts,
and a knowledge on their part
of the motives which influenced
the trustee, or was not after-
wards assented to by them un-
der some engagement to sup-
press the prosecution. Id. 579

it is agreed, that if the above
vessel, upon a regular survey.
should be thereby declared un-
seaworthy, by reason of her be-
ing unsound or rotten, then the
assurers shall not be bound to
pay their subscription on this
policy," and it was found by the
jury that the vessel was sea-
worthy at the time of the com-
mencement of the risk, and when
she sailed on the voyage insu.
red : Held, that proof, by a regu-
lar survey, of unsoundness at
any subsequent period of the
voyage, discharged the under.
writers. Dorr v. The Pacific
Ins. Co.

581
2. An exemplification of a condem-

nation of the vessel in a foreign
Court of Vice Admiralty, reci-
ting the certificate of surveyors,
that the vessel was unworthy of
being repaired, and unsafe and
unfit ever to go to sea again, and
produced in evidence by the in-
sured to prove the loss, is “a
regular survey,” in the lan.
guage of the above clause. Id.

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3. But the survey must correspond

with the contract, and if the
vessel be declared unseaworthy
for any additional cause, besides
being “unsound or rotten," it
is not conclusive evidence of un-
seaworthiness Id.

581

JUDGMENT.
See EVIDENCE, 16. 17.

Prize, 11, 12. 17.

JURISDICTION. .
A writ of errror lies from this

Court, upon a jodgiaent of the
Circuit Courts awarding a pe-
remptory mandarnus. The Co-

INSURANCE
1. Under a policy containing the

following clause : “ And lastly,

lumbian Insurance Company v.
Wheelright, .

534
See ConstiTUTIONAL LAW, 1, 2, 3.

7, 8.
EVIDENCE, 16, 17.
Prize, 11, 12. 16, 17.

LICENSE.
See Patent.
LIMITATION OF ACTIONS.

3.

son who acquires an equity
holds a right, subject to exami-
nation. Miller v. Kerr, 1
Where the register of the land
office of Virginia had, by mis-
take, given a warrant for milita-
ry services in the Continental
line, on a certificate authorizing
a warrant for services in the
State line, and in recording it,
pursued the certificate, and not
the warrant, it was held that this
Court could not support a prior
entry and survey, on a warrant
tbus issued by mistake, against
a senior patent. Id.
Where the plaintiffs seek to set
aside the legal title, because
they have the superior equity,
it is consistent with the princi-
ples of the Court to rebut tbis
equity by any circumstances
which may impair it : and the
legal title cannot be made to
yield to an equity founded on
the mistake of a ministerial offi-
cer. Id. ::

6
Where platts are returned and
grants made, without an actual
survey, the rule of construction
which has been adopted, in or-
der to settle the conflicting
claims of different parties, is,
that the most material, and most
certain calls shall control those
which are less material and less

certain. Newsom v. Pryor, 7
5. A call for a natural object, as a

river, a known stream, a spring,
or even a marked line, shall
control both course and distance,
Id.

10
6. There is no distinction between

a call to stop at a river, and a

call to cross a river. Id. 12
7. Where a grant was made for

5,000 acres of land, “ lying on
both sides of the two main forks

1. Presumption of grants, groupds

on which it rests, and to what
applicable. Ricard v. Williams,

:59. 109
2. Presumption of grants, how far

limited to periods analogous to
those of the statute of limita-

tions. Id. ? . 110
3. The reasonable time, within

which the power of the admi-
pistrator to sell real estate for
the payment of debts, under the
local law of Massachusetts and
Connecticut, must be exercised,
is to be fixed by analogy to the

statute of limitations. Id. 117
4. One heir may, by disseisin of bis

co-heirs, acquire an exclusive
possession, upon which the sta-
tute will run, both against his
co-heirs, and against creditors.

120

4.

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LOCAL LAW.
1. A warrant and survey authorize

the proprietor of them to de
mand the legal title, but do not,
in themselves, constitute a legal
title : until the consummation
of the title by a grant, the per-

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