This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1832 Excerpt: ...for the specific performance of a contract for the sale of lands, and upon exceptions to the master's report, in favour of the title, it appeared, that one link in the chain, was a deed from L., found among the title papers, accompanying the possession, but with respect to which, the weight of evidence was that the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1832 Excerpt: ...for the specific performance of a contract for the sale of lands, and upon exceptions to the master's report, in favour of the title, it appeared, that one link in the chain, was a deed from L., found among the title papers, accompanying the possession, but with respect to which, the weight of evidence was that the deed was not genuine, and by excluding that deed, the complainant would be reduced to rely upon adverse possession, which was less than twenty five years, and there was slight evidence that L. was an alien, and if not so, there was no account of his heirs or devisees, Chancellor Sanford, held it a proper case for a feigned issue; 1 Hopk. 436; and his decree was sustained ry the Court of Errors. 5 Cowen, 714. In addition to these cases, the Revised Statutes authorize the Circuit Judge, to whom an appeal shall be had from the order of a surrogate, granting or refusing probate of a will, to order a feigned issue to be made up, to try the questions of fact, upon which the case turn?, and direct that it be tried at the next Circuit Court, to be held in the county where the surrogate's decision was made. 2 R. S. 66, sec. 57; Ibid. 609, sec. 97. The surrogate is also authorized, in case of a proceeding before him in relation to a sale or disposition of the real estate of a testator, or intestate, where any question of fact shall arise, which in the opinion of the surrogate, cannot be satisfactorily determined without a trial by jury, to award a feigned issue, to be made up in such form as to present the question in dispute, and to order the same to he tried at the next Circuit Court to be held in such county. 2 R. S. 102, sec. 11. Where, also, a bill is filed to dissolve a marriage, on the ground of adultery, if the offence charged be denied, the Court ...
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