Faircloth v. . Ingraham ( 1797 )

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 Burr., 1159, where the demise after the trial was found to be laid upon a time not yet come.

The nonsuit was refused.

See Young v. Erwin, ante, 323.