1773.
April Term, 1773.
The Leſſee of the Proprietary verſus Ralston.
Plaintiff ſhewed a title in himſelf to the Province of Pennſylvania, and then reſted.
Defendant ſhewed a deed for one thouſand acres of land–alſo a warrant to himſelf, and two others, to take up three thouſand acres of land, which included the lands in controverſy—alſo a power of attorney to David Lloyd to take care of ſaid land, and an account of the expences of ſurvey.
Defendant having ſhewn title in a third perſon, as he conceived, moved for a nonſuit, and as authorities cited Bull. Niſi. Prius, Inſtit. Leg. title Eject.
Plaintiff’s Council inſiſted to know, whether the Defendant had gone through all his evidence; and ſaid that he was not entitled to the opinion of the Court till then upon his title in a third perſon.
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 nonſuit.
The Plaintiff’s Council then contended, that they had a right to demur to the Defendant’s evidence. This was oppoſed by the Defendant’s Council, who inſiſted they had a right to go through their evidence, before the Demurrer was allowed. Of which opinion the Court alſo was: and the Defendant proceeded with his evidence, among which was a letter from William Penn, the firſt, acknowledging this ſale and grant.
The Plaintiff afterwards offered a ſubſequent letter of William Penn’s, declaring the grant to be conditional; and, as this condition was not performed, the grantees ſhould not have the land.
This the Defendant’s Council oppoſed, on the principle, that no man could create evidence for himſelf.
Tilghman. Letters are like converſation when the whole muſt be given.
Dickinſon, on the ſame ſide, offered theſe authorities: 12 Vin. 101. An old manuſcript evidence. Id. 247. The declaration of a woman