Philadelphia Reports Author:Unknown Author Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: so dying shall be distributed among the survivors of the said brothers and sisters; if, however, such child or children, so dying, shall leave a child or childre... more »n, such child or children shall be entitled to their parent's share." All the children of the tenant for life died before her, except one. Two of them died without issue, and two left lineal heirs. The auditor gave the shares of those dying without issue to the surviving child of the tenant for life. The Court, by King, President, overruled this award, and decided that they ought to be distributed among the children of those who were dead, and the surviving child—the children of the deceased parent taking such parent's shares. ZMstrfct (Eourt. Handy vs. The Philadelphia And Reading Railroad Company. Kennedy vs. The Same. 1. On a motion for judgment, for want of a sufficient affidavit of defence, the Court cannot take judicial notice of a private act of Assembly; it must be established before a jury as a fact. i. An art which declares that loans and contracts, previously made by any person with a particular corporation, shall not be deemed usurious by reason of the corporation agreeing to pay more than legal interest, or giving its bonds or evidences of debt for more than was actually lent it, is a private act. Z. A voluntary bond, though fraudulent as to creditors, is between the parties, both in law , and equity, a gift of the money secured by it. These were rules to show cause why judgment should not be given for want of sufficient affidavits of defence. Jn the first of these cases, the action was on ten bonds executed by the Raiding Railroad Company, for one thousand dollars each, with six per per cent, interest, payable on the first of January, 1850, as follows : three single bills, dated Jul...« less