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

1765.
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tice of the Courts of Juſtice, it would be very miſchievous now to overturn them. The maxim Communis Error facit Jus cannot operate more properly than in this Caſe; and the Court unanimouſly adjudge the Law to be with the Defendant.

September Term, 1765.

 

Preſent William Allen, Chief Juſtice,
⁠William Coleman,	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$ Juſtices.
⁠Alexander Stedman.

The Leſſee of Strickland, verſus Rebecca Poole.

To prove Pedigree, evidence permitted to be given of Hearſay a great while ago, before any Diſpute stirred.

September Term, 1766.

 

Preſent William Allen, Chief Juſtice,
⁠William Coleman,	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$ Juſtices.
⁠Alexander Stedman.

The Leſſee of Thomas verſus Horlocker.

Plaintiff produced a Deed bearing date ſixty three Years ago, appearing on inſpection to be ancient; one of the Witneſſes proved to be dead, the other no known. Poſſeſſion had not attended the Deed, and no other account was given of it, or the Witneſſess, than by the evidence of a Perſon who ſwore he had well known one of the Witneſſes, and had ſeen many Deeds and Papers ſigned by him, and from thence believed his name to this Deed, to be of his HandWriting, but had never ſeen him write. The Court on Debate though this a ſufficient Proof of the Deed conſidering its Antiquity, and it was read in Evidence.

September