KILLEN, C. J., JONES and FINNEY, JJ., on three arguments ruled:
First, that a demand of lease, entry, and ouster to be confessed after the plaintiff's title was almost gone through, and the jury was once dismissed and returned next day, was in time.
Second, a warrant printed, without seal, directed to the deputy surveyor, was allowed to go to the jury on solemn argument. N.B. Bill of exceptions taken.
Third, that William Shankland's books, lib. B, upon proof that they were his, were sufficient evidence of a survey and return, although the signing appeared to be that of his clerk and not his writing. But a copy of the books was refused.