Page:United States Reports, Volume 1.djvu/25

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14
CASES ruled and adjudged in the


1765.

tice of the Courts of Juftice, it would be very mifchievous now to overturn them. The maxim Communis Error ƒacit Jus cannot operate more properly than in this Cafe ; and the Court unanimoufly adjudge the Law to be with the Defendant.




September Term, 1765.


Prefent william allen,Chief Juftice,

william coleman,
alexander stedman.
\Bigl. \begin{matrix} \\ \end{matrix} \Bigr\} Juftices.




The Leƒƒee of STRICKLAND verƒus REBECCA POOLE

T

O provePedigree, evidence permitted to be given of Hearfay a great while ago, before any Difpute stirred.




September Term, 1766.


Prefent william allen,Chief Juftice,

william coleman,
alexander stedman.
\Bigl. \begin{matrix} \\ \end{matrix} \Bigr\} Juftices.




The Leʃʃee of THOMAS verʃus HORLOCKER.

P

LAINTIFF produced a Deed bearing date fixty three Years ago, appearing on infpection to be ancient ; one of the Witneffes proved to be dead, the other no known. Poffeffion had not attended the Deed, and no other account was given of it, or the Witneffess, than by the evidence of a Perfon who fwore he had well known one of the Witneffes, and had feen many Deeds and Papers figned by him, and from thence believed his name to this Deed, to be of his HandWriting, but had never feen write. THE COURT on Debate though this a fufficient Proof of the Deed confidering its Antiquity, and it was read in Evidence.

September