Page:United States Reports, Volume 1.djvu/29

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18
CASES ruled and adjudged in the


1773.

April Term, 1773•


The Leƒƒee of the PROPRIETARY verƒus RALSTON.


P

LAINTIFF fhewed a title in himfelf to the Province of Pennƒylvania, and then refted.

Defendant fhewed a deed for one thoufand acres of land–alfo a warrant to himfelf, and two others, to take up three thoufand acres of land, which included the lands in controverfy–alfo a power of attorney to David Llya to take card of faid land, and an account of the expences of furvey.

Defendant having fhewn title in a third perfon, as he conceived, moved for a nonfuit, and as authorities cited Balk. Nift. Prius. Inƒlit. leg. title Eject.

Plaintiff's Council infifted to know, whether the Defendant had gone through all his evidence ; and faid that he was not entitled to the opinion of the Court till then upon his title in a third perfon.

BUT THE COURT determined contra : and then gave their opinion, that as the Defendant's deed was a conditional deed upon the face of it, he was not intitled to a nonfuit.

The Plaintiff's Council then contended, that they had a right to demur to the Defendant's evidence. This was oppofed by the their evidence, before the Demurner was allowed. Of which opinion THE COURT alfo was : and the Defendant proceeded with his evidence, among which was a letter from William Penn, the firft, acknowledging this fale and grant.

The Plaintiff afterwards offered a fubfequent letter of William Penn's, declaring the grant to be conditional ; and, as this condition was not performed, the grantees fhould not have the land.

This the Defendant's Council oppofed, on the principle, that no man could create evidence for himfelf.

Tilghman. Letters are like converfation when the whole muft be given.

Dickinfon, on the fame fide, offered thefe authorities : 12Vin. 101. An old manufscript evidence. Id. 247. The declaration of a woman

prefent