by Supreme Court of the United States

“ The meaning of the testator appears appear clearly to have been, that the estate should not go over, while there was any issue, and it is expressly provided, that all must be extinct, and none have attained the age of twenty one years, before it should pass to Able James. ”

“ For the Deƒendant, it was contended, that, as there was no fuggeftion of fraud to vitiate and annul the original contract of the parties, the proper action was covenant on the words grant, bargain, &c. that if there was fraud, the remedy was an action of deceit ; that Aʃʃumpʃit would not lie; that if there was any deceit in the words of the deed, ftill the action might have been brought upon the deed itfelf ; that a deed cannot be given in evidence to fupport an action of Indebitatus Aʃʃumpʃit ”

“ HIS caufe was tried at bar, in September Term, 1788, and, a verdict being found for the Plaintiff, the Defendant obtained a rule to fhew caufe why a new trial fhould not be granted ; which was argued at the prefent Term by Coxe and Sergeant, in fupport of the rule, and by Lewis and Heatly againft it. ”