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Held to give rise to a resulting trust in
favour of the father, so as to require
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are regular annual formations, the num-
ber of them found In the trunk of a
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the son to shew, that the specified cre-
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boundary tree cannot be received as
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ditors had been satisfied, Neale v.
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evidence of the lapse of any given
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Hagthrop, 580.
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time, 69.
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No one can be allowed to discredit his
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DISCOUNT.
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own testimony, Hepburn's case, 106.
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A discount in bar, if not distinctly spe-
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An interrogatory, in the nature of a crosf
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cified and admitted, must be shewn and
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bilJ, propounded by a defendant to a
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established by him who is to benefit
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plaintiff, answered by the monosyllable,
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by it, or it will be rejected. Sitn-
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yes. Salmon v. Clagett, 130.
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mons v. Tongue, 355.
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On a motion to dissolve an injunction »O
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DOWER.
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ex parte affidavits or proofs admitted,
132.
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On the petition of a widow in a creditor's
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No one can be compelled to criminate
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suit a commission may be issued to as-
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himself, 144.
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sign to her, her dower. Simrnons v.
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It is a privilege of a client, that no facto
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Tongue, 344.
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communicated by him shall be dis-
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A devise in lieu of dower, considered as
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closed by his attorney or solicitor, 145.
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dower, and if not insisted on by the
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A defendant is not bound to produce by
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widow in a creditor's suit, the real es-
tate, as usual, sold clear, leaving her to
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way of answer any public documentary
evidence of which he is the official
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come in for the value of her dower out
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keeper, 145.
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of the proceeds of sale. McCormick
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The legality of evidence brought out by
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v. Gibson, 501.
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a bill of discovery must be determined
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The rules for estimating the value of
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by the court of common law for whose
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dower considered and explained.
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use the discovery was made. Price v.
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Williams' case, 221, 281.
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Tyson, 405.
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Husband and wife are incompetent wit-
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EMINENT DOMAIN.
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nesses for or against each other, as
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By virtue of the power of eminent domain
private property may be taken for pub-
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well after as during the coverture, 405,
Where evidence is to be taken a reasona-
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lic uses; bat private property cannot
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ble time to collect it is allowed as of
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be taken from one and given to
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course. McKim v, Odom, 412.
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another in any way. Hepburn's case,
98; Williams' case, 204; The Bellona
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A summons issued by commissioners re-
quiring a witness to attend and testify
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Company's case, 451.
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before them under a commission to
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The usual provision in road and canal
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take evidence, is a process which must
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acts, for the comdemnation of private
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be served by the sheriff, Deale v.
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property held to be a substitute ior the
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Estep, 439.
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writ of ad quod damnum. Compton v.
The Susquehanna Rail Road, 389.
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Upon the return of a subpaena duees tecum
the person summoned may shew cause ;
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The clause of an act of incorporation
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but, if overruled, must produce the
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which gives the power of eminent do-
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document. Randall v. Hodges, 478,
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main to be construed strictly but fair-
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485.
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ly .The Bellona Company's case, 448.
The property of a corporation as well as
that of an individual, is subject to the
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The documents and vouchers upon which
an account has been passed by the
Orphans Court, form no part &f its
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power of eminent domain, 449.
What is such a public use as authorizes
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records; and therefore, if they have
been lodged with the Register of Wills,
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the so taking of private property, 451.
Where there are several public uses the
|
he may be compelled, by a subpaena
duces tecum, to produce them, 483.
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exercise of the power may be so limit-
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The effect of an endorsement of partial
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ed as to preserve them all, 452.
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payment as evidence to take a ease
out of the statute of limitations. Post
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ESTATE.
|
v. Mackall, 522.
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A man may have an estate of inheritance
in land so long as such a tree shall
grow. Patterson v.. McCausland, 72.
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An order to take evidence to establish
claims in a creditor's suit, 490.
Where there is no proof of the exact
time, a medium most be assumed.
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EVIDENCE.
|
Neale tv. Hagthrop, 588.
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The law respects the regular course of
nature, and a presumption arising from
such a known course held to be rood
|
EXECUTION.
In general where a man may alien bit
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evidence. Patterson v. McCausland,
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real estate it may be taken and sold
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71.
|
under an execution against his pro-
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It not having been established that the
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perty. Coombs 9, Jordan, 299.
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concentric layers in the trunks of trees
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Chattels real, like mere moveables, are
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