Page:United States Reports, Volume 1.djvu/22

1764.
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On the Part of the Defendant, it was inſiſted that he ought to pay no more on this Policy then the actual loſs ſutained by the Payment of Salvage and other Charges. That the Captain having ſet up the Veſſel to ſale without any Orders of the Court of Admiralty, and purchaſed her himſelf in behalf of the Owners, for about one fourth of the Sum inſured, and this being acquieſced in by the Plaintiffs, there was no abandonment, and therefore but an average loſs.

The Court gave a charge in Favour of Defendant; and the Jury accordingly gave the Plaintiffs a Verdict for ſo much only as they judged a compenſation for Salvage, charges, and Loſs of Time, on account of the capture.

September Term, 1764.

 

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

King’s Road. On confirmation of a Road by the Juſtices of Cheſter county, the Record was brought up by Certiorari; and it was moved to reverſe the Judgment of confirmation, becauſe the Juſtices below had refuſed to grant a Review, though petitioned thereto by a Perſon who complained he was aggrieved by the Roads running through his improved ground.—On argument, the Court reverſed the Judgment for that reaſon, alledging that a Review, though not taken notice of in the Act of Aſſembly, had always been granted, and was now become a matter of right.

Hugh Davey et ux. verſus Peter Turner.

This Cauſe came before the Court for a determination on a ſpecial Verdict which found, That the Defendant’s late Wife Sarah, before her Marriage, was ſeized of the Lands in queſtion in fee; that after her Marriage, with the Defendant, ſe and her Huſband joined in a conveyance to two Truſtees and their Heirs,

“Habendum to them and the Survivor of them and his Heirs for ever, in truſt nevertheleſs to and for the proper Uſe and Behoof of the ſaid P. Turner and S. his Wife, for and during their joint Lives and from and after the Deceaſe of either of them, then to and for the ſole and proper Uſe and Behoof of the Survivor of them and his or her Heirs for ever.”

That the ſaid P. Turner and

S. his