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

1774.
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But the Court also declared that the statute of 21 Jac. 1. c. 16. at twenty years possession, extended here; and that it had never been doubted.

Anonymous.

John 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.

Trespass—The Plaintiff’s Council opened that William Penn, by deed of lease and release, granted to his ancestor A. Sonmans five thousand acres of land in Pennsylvania; that such deeds were lost, or otherwise mislaid; and to prove the existence of such deeds, he shewed a list of names, commonly called the list of first purchasers, and containing a warrant, signed and sealed by William Penn, to

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

his