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DAY:

when inclusive, 206, 7. ·

exclusive, 929 n.,

930 n.

fraction of, when allowed, 207, 620.

what shall be deemed day-time in game act, 910.

DEBT:

for what it lies, 537.

in the debet and detinet, or detinet only, 593, 608.
what must be alleged in debt on an amerciament, 538.
debt lies on promissory note, ib.

foreign judgment, 539.

not necessary that plaintiff should recover exact sum demanded
539, 540.

DEBTEE EXECUTOR:

where debt is released by making, 570.

DECEIT:

action on the case lies for, 647.

on implied warranty, ib.

action lies for deceit against any person who deceives, by a false
assertion, another who has placed a reasonable confidence in
him, 649, 661.

DECLARATION:

in action for adultery, 13.

of assault and battery, 29.

assumpsit, 106.

on bills of exchange, 366.

against carriers, 413.

of covenant, 498.

on bail bond, 584.

of debt for rent, 608.

debt for use and occupation, 609.

of debt against sheriff for escape of prisoner in execu-

tion, 624.

on stat. against bribery, 639.

in detinue, 666, 7.

ejectment, 723.

insurance, 997.

libel, 1066.

malicious prosecution, 1085.

replevin, 1208, 9.

slander, 1276.

tithes, 1330.

trespass, 1350.

DECOY:

trover, 1400.

action for injury to, 442.

DEED:

how avoided by rasure, or alteration, 549.

where profert is necessary, 500 n.

case will not lie where there is a deed, 446.

exceptions to this rule, ib. n.

where counterpart is evidence, 753.

where a deed from its antiquity may be given in evidence with-
out proof of execution, 548.

DEER:

property in, 1353.

DE INJURIA SUA PROPRIA :

where absque tali causâ, a good replication, 37.

where not, 1358.

DEL CREDERE:

commission, nature of, 818 n.

DELIVERY.

of attorney's bill, 163, 4.

of deed, what sufficient, 545, 1443.

to carrier, vests property in vendee, 411, 2.

DEMAND AND REFUSAL :

when evidence of a conversion, 1413.

DEMISE:

how laid in ejectment, 724, 5, 6.

DEPARTURE:

what shall be in replevin, 1195.

DEPOSIT:

at sale by auction when recoverable, 176.

DEPOSITION:

where not evidence, 763.

of Gentoo, 884.

DESCENT:

stat. 3 & 4 W. 4. c. 106., concerning, 750.

DETINUE:

where this action will lie, 664.

the goods or value may be recovered, ib.

property must be in plaintiff, at the time of the action brought,
665.

the property, without having had possession is sufficient, ib.
detinue will lie for specific goods only, ib.

defendant must be in possession, 666.

grounds of the action, ib.

bailment not traversable, ib.

DEVASTAVIT :

what is such, 796.

DEVIATION:

nature and effect of, on contracts of insurance, 1023, 4.
what will justify a deviation, 1027.

DEVISE:

see Will.

DEVISEES:

liability of, upon bond made by testator, 598, 9.

DEVISEE OF TERM:

what he must prove, 750.

DISCONTINUANCE:

in pleading, 4 n.

DISSEISOR :

account does not lie against, 1.

DISTRESS:

distress formerly considered as a pledge only, 669.

for what a distress may be taken at common law, by prescrip-
tion, by statute, 670, 1.

of the general rule, that all moveable chattels may be distrained,
for rent arrear, 673.

what things are privileged absolutely, 674.

what conditionally, 676.

what may be distrained, damage feasant, ib.

who may distrain,

recoverors of manors, &c. 677.

personal representatives of tenants of freehold rents, ib.

husbands seized in right of their wives, 678.

tenants pur auter vie, ib.

person entitled to separate herbage, 679.

tenant in common, ib.

executor, ib.

mortgagee, ib.

commoner, 680.

lessee for years having assigned, cannot distrain, ib.

of the time at which a distress may be taken,

at common law, 681.

by stat. 8 Ann. c. 14, ib.

distress for rent must be taken in the day-time, 682.

of the place where a distress may be taken,

distress for rent service must be taken on the land, 683.
of distraining in houses, ib. n.

if separate demises, distress must be on the several pre-
mises, 683.

of fresh suit, 684.

how to proceed when goods are clandestinely removed,
684, 5.

of driving the distress out of the hundred, 685,

remedy for the same, 685.

where growing crops may be laid up, 686.

of the sale of distresses for rent arrear under stat. 2 W. and
M. c. 5. 686, 7.

of abusing the distress, and thereby becoming a trespasser
ab initio, 691.

trespass will not lie for excessive distress merely, 692.
nor for irregular distress, where irregularity is not an act
of trespass, 1349 n.

DISTURBANCE:

of common, 427.

of seat in pew, 1136.

DITCHES:

rule concerning, 1342.

DIVIDENDS:

no action to be brought for bankrupt's, 236.
apportionable, 612.

DOGGET:

of judgment when necessary, 793 n.
DOMESDAY:

book, evidence as to ancient demesne, 764.

DONATIO MORTIS CAUSA, 1380.

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EJECTMENT:

nature of the action, 696.

party who has the legal estate must prevail, 697.

plaintiff must recover on the strength of his own title, 699.

by whom ejectment may be brought, 701.

what description will be sufficient of the thing for which
ejectment is brought, 706 and n.

instances of insufficient description, 707.

of entries before ejectment brought, 708.

of the declaration, 723.

of the notice subscribed to the declaration, 727.

Of the Pleadings, 737 to 750.

evidence, 750 to 767.

verdict, judgment, 767.

see Error-Notice to Quit-Mesne Profits.

ELEGIT:

tenant by, what he must prove, 751, 2.

EMBARGO.

nature of, 971.

effect of, on contract of insurance, 972.

ENLARGEMENT.

of demise in ejectment, 726 n.

ENTRY:

actual entry, where necessary to avoid fine, 708.

where not, 709

entry into part is a suspension of rent, but not of a covenant to
repair, 520.

what is a waver of a right of entry for a forfeiture, 719.

by auctioneer binds parties as to sale of land, 863.

EQUITY OF REDEMPTION :

release of, good consideration, 47 n.

ERROR:

writ of error, in account, can be brought after second judgment
only, 7.

no writ of error allowed after verdict in ejectment, unless plain-
tiff in error finds bail, 770.

of the costs of error in replevin, 1232.

ESCAPE.

of the remedy for, at common law, 614.

by statutes, ib.

debt for escape, more eligible proceeding than action on the
case, 615, 6.

sheriff liable for escape after recaption on escape warrant, 616.
of voluntary and negligent escapes, ib.

of escapes upon habeas corpus, 617.

sheriff liable for escape, though judgment on process be erro-
neous, 617.

so where court has not jurisdiction, 618.

by whom and against whom an action for escape may be
brought, 622, 3.

of the declaration, 624.

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