Den on the demise of Faircloth v. Ingraham ( 1797 )

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,