1778-03-30 (static/transcriptions/1778/03/050.jpg)

1778. Sittings. [Monday] March 30.

to keep up this cause: It would be directly in the teeth of two resolutions of the Court, which were some what solemnly determined I think no longer ago than the Term just now pass’d, Where the Court determined that the title must be completed by Potta and compared it, to estates by Copy of Court Roll. Here the Lessor of the Plaintiff is Cestui que Use: You can not support the case without you can maintain that in England, where there is Cestui que Use, and Cestui que Estate, the Demise of the Cestui que Use, will maintain the Title: It is clear it will not do. Where there are Trustees, in England, the Ejectment is always brought on the Demise of the Trustees.

Mr. Tilghman, Confess’d he could not support it, except it might be admitted to be good on the very general Practice in Bengal of Men using in all their Transactions the names of their Infant Children or of other Persons, instead of their own.

I answer’d him, that in meer personal demands, such as Bengal Bonds, we had on consideration determined that the action might be brought in the name of the Person
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