How sued in England, 11. Judgment in it is absolutely final, 11. How sued in the United States, 11. Non tenure &c., how pleadable in abatement, 11. Proceedings in the writ, how reformed in the United States, 12, 13. Evidence on the mise joined, 14. Every matter but collateral warranty, 14. How American procedings are improved, 15; other cases, 16 to 19.

VII, ch. 229, a. 4. Writ of right; American cases; several referred to, 1. Currier v. Parsons; several points, 2. Main point in Tessen v. Clark, stated and applied, 3. Cases applying, as England v. Slade, 4; other cases, 5, 6. An important and perhaps the true distinction taken as to Tessen v. Clark, between seizin and right, 6. Other cases of writs of right, 7. Difference in English and American practice, 7. Agree but in four points, 7; Litter & al. v. Green, 8. Demandant may recover against several defts. holding in severalty, if they do not plead in abatement. 8. Many other points decided. 8. Such plea in abatement considered, 9, 10; Coffin v. Hodge & al., 11. Such a plea not offered, but the several defts. holding in severalty pleaded severally, each defended his lot and disclaimed as to the residue, 11. The best mode, 11; other cases, 12 to 15; certain points examined.

WRITINGS not under seal; parol evidence not admissible to contradict or control a mere writing, or to vary it, but may explain it, iii, ch. 93. See Parol Evidence. Where writings are necessary by the statute of frauds, i, ch. 11, a. 4.

III, ch. 97, a. 1. Writings, as protests, proclamations, gazettes, receipts, &c., used as evidence; general principles, 1. Writings, how evidence, 2, 3; and their various kinds, how executed and proved; but secondary evidence of facts; reasons, 3. Why often used instead of the better evidence, 4.

III, ch. 97, a. 2. English cases. See Bill of Parcels, Bill of Lading, Gazette, Proclamations, Protests, Accounts of Sales, Letters, 1 to 6.

III, ch. 97, a. 3. American cases; master's protests made abroad, how admitted in evidence, 1. Account of a sale of goods in one State admitted in another, 2. Letters of a public agent, how used by him, 3. Letters in the usual course of mercantile correspondence evidence, 4; and so instructions to masters, 4. Not one's own letters, 5. Other letters, 6. Gazette is evidence of a publication of a paper, or petition, or notice, &c., 7. A note was written and signed, but the year of the date omitted; held the promisee might insert it, and the promisor's assent presumed, 8, 9. What sufficient evidence in writing a surety paid a custom-house bond, 10. Case of letters, 11. Bill in chancery, how evidence &c., 12. How writings are proved, execution of which are witnessed, 13. WRONGS; under other wrongs what may be proved. See Damages, Aggravation of Damages, i, ch. 28; also Trespass, v, ch. 172; and v, ch. 173.

WRONGDOERS; bailee, where a wrongdoer, i, ch. 17; especially a. 11.

VI, ch. 178, a. 21. Plt's. possession against one is sufficient; and see other like cases of actions grounded on possession.

Y.

YEAR, day, and waste, our estates free from, v, ch. 148, a. 9; iv, ch. 132, cases as to continual claim.

YEAR TO YEAR, a lease, &c., iv, ch. 110, a. 3. 11; iv, ch. 133, a. 3. 9, 10, 11, 13, 21, 22, 23; i, ch. 32, a. 9; i, ch. 1, a. 40. The nature of the estate from year to year, and where intended, notice, &c. See Will, Leases at.

TAB
TABLE

OF THE

NAMES OF THE CASES IN CHAPTERS 1 TO 228,

REFERRING TO THESE, TO ARTICLES AND SECTIONS, OR TO CHAPTERS AND SECTIONS WHERE ARTICLES ARE OMITTED.

THE DEFENDANTS' NAMES ARE ALPHABETED WHERE THERE ARE SEVERAL TO ONE PLAINTIFF'S NÁMĚ.

Abbot v. Chapman, ii. ch. 63, a. 8. 31. || Adams v. Adams, i. ch. 32, a. 4. 12.