Page:United States Reports, Volume 1.djvu/31

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Cases ruled and adjudged in the


But the Court alſo declared that the ſtatute of aI. Jce. I.c. 16. at twenty years poſſeſſion, extended here; and that it had never been doubted.



OHN FISHER, having two ſons and a Daughter, made his will, and deviſed a plantation to his ſon Matthius in fee. Matthius dies in his minority, and without iſſue.

Queſtion—whether his heirs at common law ſhall take; or it ſhall divide among his other brother and ſiſters, under the ſupplemental inteſtate law of this Province?

On a trial in ejectment for the plantation, it was agreed by council, that the opinion of the Court ſhould be concluſive to the Jury.

Mr. Juſtice Willing and Juſtice Lawrence were of opinion, and ſo delivered it to the Jury, that the eſtate ſhould be divided: and the plaintiff ſuffered a nonſuit.[1]

September Term, 1774.

Before Chew, Chief Juſtice,

Willing and Morton, Juſtices.

Hurst verſus Dippo.


RESPASS—The Plaintiff's Council opened that William Penn, by deed of locaſe and releaſe, granted to his anceſtor A. Sonmans five thouſand acres of land in Pennſylvania; that ſuch deeds were loſt, or otherwiſe (illegible text); and to prove the exiſtence of ſuch deeds, he ſhewed a liſt of namesmonly called the liſt of firſt purchaſers, and containing a warrant, ſigned and ſealed by William Penn, to

  1. Determined at Bushs, Ni. Pri. 15 Oct. 1773