Albertson’s Lessee v. Robeson

by Supreme Court of the United States

 

April Term, 1764.

 

Present	William Coleman,	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$ Justices.
	Alexander Stedman,

The Lessee of Albertson versus Robeson.

Moved to admit a Witness to prove the Age of the Plaintiff, his Brother (about sixty Years old) from the hearsay of their Father and Mother. Opposed, and refused by the Court.

The Votes of Assembly were admitted to prove the time of the notification of the Repeal of an Act of Assembly by the King and Council. But not answering the purpose fully, the Minutes of Council were sent for, and given in evidence without opposition.

N.B. The Defendant supported his Title under a Decree of a Court of Chancery estabished by Act of Assembly; the Decree was a made two Months after the Act was repealed by the King and Council, but six Weeks before we had Notice of it.

The Court gave it in charge of the Jury, that the Act was not repealed, till Notification here; and the Jury were of the same opinion, by finding a Verdict for the Defendant.