Beverley v. Fogg

If the demandant; in a writ of right* omits to set forth the boundaries in hjs count, it will be error, after verdict» Queerer If there *be several clauses in a will, an.d some of them, devising lands, are written in the testator’s own hand, though the others are not, whether the devise of the lands will he good, without two witnesses.

Fogg brought a writ of right in the District Court of King and Queen, against Robert Beverley, and counted for 208 acres of land, with the appurtenances, in the county of Essex, bounded by , without describing the boundaries. Beverley appeared, and filed the plea prescribed by the act of Assembly, without setting forth the boundaries; and the mise was joined in the manner set forth in the act of Assembly. Verdict, “that the said John Fogg hath more right to have the tenement aforesaid, which he demandeth against the said Robert Beverley, by his writ aforesaid, than the said Robert Beverley, to hold it as he now holdeth it.” Judgment, “that the said John Fogg recover against the aforesaid Robert Beverley, his seisin of and in the tenement aforesaid, with the áppurtenances as of right, namely, one tenement, containing two hundred acres of land, with the appurtenances, in the county of Essex, and bounded by ; and, also, his costs in this behalf expended. Upon the trial of the cause, the tenant filed a bill of exceptions, which stated, that he offered a witness to prove that certain clauses in the last will of Nathaniel Fogg, deceased, through whom the demandant claims as heir of the said Nathaniel, were written in the hand-writing of the said Nathaniel Fogg, which was recorded in Essex County Court, though only proved by the oath of one witness, and no certificate thereon written, that the same witness had given testimony, that the same clauses were written in the hand-writing of the said Nathaniel Fogg, which clauses were in these words, to wit: “My meaning is, that my daughter Anna have one hundred and twenty-five ackers out of the lands which I bought of James Holloway, on Neoffin Swamp, .this alteration "made with my own hand, Nathaniel Fogg.” “The alteration two the meaning is, that my daughter JLnna have one hundred and twenty-five ackers out of the land I bought of James Holloway on Neoffin Sivamp, this alterations on the other side I made with- my own hand this 10th day of December, 1752. ■ Ndthaniel Fogg-” That the Court refused the witness, and would not permit the said will to go in evidence. Beverley appealed from the judgment to this Court.