Den on the demise of Faircloth v. Ingraham, 2 N.C. 577, 1 Hayw. 577 (1797)

Sept. 1797 · North Carolina Superior Court

2 N.C. 577, 1 Hayw. 577

Den, on the demise of Faircloth v. Ingraham and Jones.

Ejectment, and not guilty pleaded — and the jury being sworn, the Defendant’s counsel disclosed, that the demise laid in the declaration was expired, and moved for a nonsuit; insisting that though the demise might be amended, if prayed before the jury are sworn, it could not be done afterwards.

Per curiam

Williams and Haywood, Justices.—

The demise is a mere fiction — the jury are not sworn upon that, but to try the title only. It may be amended at any-time, or the exception may be overlooked, as it was in 2 Bur>\ 1159, where the demise after the trial was found to be laid upon a time not yef come. The nonsuit was refused.

Note. — Vide Young v. Erwin, ante 323. Adams on Eject. 203, 204,