
    Hinman et al., Administrator of Hinman, v. Stiles.
    . AotioN of book debt, nil debet pleaded, and verdict for the plaintiff. The defendant moved in arrest of judgment; and for cause alleged, that the account produced on trial, contained a charge of about £40 for a tract of land, and also a charge of about £3 as interest on part of the account; both of which were illegal as charges on book, and both were allowed by the jury, in their verdict.
    
    Motion overruled.
    
      
      N. B.— It Is the custom of the courts in. the state of Connecticut, to admit motions in arrest, which are conversant about facts, dehors the record: And likewise, by the custom of courts, the adverse party is not obliged to make any answer either by way of traverse ' or demurrer; but the court proceed to> inquire the truth of such facts, unless the opposite party chooses to' demur.
    
   By the Court.

On examination of two of tbe jurors, it appears tbat tbe jury found tbe sum of £40 credited to tbe defendant, wbicb was equal to the sum charged for tbe land, and wbicb by agreement of tbe parties was to be in payment for tbe land; and tbe small sums of interest included in tbe verdict, were not, on trial, objected to by tbe defendant: And one witness testified, tbat tbey were charged by consent of tbe defendant. There were other proper boolc-debt articles in tbe account, to a large amount, to wbicb there was no objection; and tbe balance would have been tbe same, if tbe land, and sum credited for it, bad not been entered on tbe book: Therefore tbe motion in arrest is insufficient.

Dyer, J.,

dissenting. He said tbat tbe admission of such charges on book, supported by tbe parties’ oath, would tend to introduce tbe greatest imaginable confusion. The nature of tbe thing rendered tbe idea of such a charge on book absurd; because, when a deed of land is made out, tbe grantor acknowledges tbe consideration to be paid to bis full satisfaction at tbe time of tbe grant; and it is both dangerous and absurd, tbat so high an evidence should be set aside by tbe parties’ own oath.  