INDEX.—1 BLAND. 661

PATENT.— Continued.

4. A caveat in the land office is a warning to the Chancellor not to put
the great seal to a patent for a certain tract of land as prayed by the
holder of the certificate of survey. Ib.

5. The grounds upon which a caveat may be entered are various. In
general they must be such as show that no grant ought to be issued,
because to do so would be unjust to the public or to some individual,
or because the applicant had in some way failed to comply with the
conditions of plantation, or because the facts set forth in the pro-
ceedings are, in some material particular, irregular or untrue, or
because the lands specified in the certificate are not vacant, but are.
in whole or in part, included in an elder warrant, entry, survey, or
patent. Ib.

PLEADING.

1. All objections to the testimony are open, and may be made at the
final hearing. Strike's Case, 50.

2. The allegations in the body of an answer, or plea, should be positive,
otherwise the issue would be joined on a mere statement of the
belief of the parties, not upon their allegations of fact. Coale v.
Chase, 126.

3. Yet to obtain a dissolution of an injunction, it is sufficient that an
executor or administrator, in stating facts, which from the nature
of the case, could only have been personally known to his testa-
tor, or intestate, should say, that they are "as he is informed and
verily believes," so and so. Ib.

4. It is sufficient if the affidavit be so absolute and positive,'when taken
in connexion with the body of the answer, as to subject the party
to a prosecution for perjury; if the matters stated should be false.
Ib.

5. A complainant, on the filing of the answer, is entitled to have the
cause set down for final hearing on bill and answer, and by so doing
he admits the truth of everything contained in the answer. Paid v.
Nixon, (note) 189.

6. Where a matter, which is properly the subject of a petition, is brought
before the Court in that form, the new facts therein set forth, which
are not denied by a written answer on oath, must be taken to be
true. Hannah K. Chase's Case, 194.

7. If a defendant demurs and pleads to the same matter, his plea over-
rules his demurrer; and so if he pleads and answers to the same
matter, his answer overrules his plea. Ib.

8. To make a decree a good bar in a subsequent suit, it must be shown,
that the matter of the bill was res judicata; that there was an abso-
lute determination by the Court that the party had no title. Ib.

9. The plaintiff by petition, stating on oath the circumstances, may,
before the coining in of the answer, obtain a commission to take the
testimony de bene esse of an aged and infirm witness. Lingan v.
Henderson. 221.

10. An order for publication, warning an absent defendant to appear,
as the substitute for a subpoena, is granted as of course; because a
plaintiff so proceeds at his peril; and it must go against a wife as
well as her husband, or she will not be bound. 16.