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Essays and addresses

I have made a careful examination of the Records of the Court of Kings Bench of Upper Canada (which was instituted in 1794), and find that the question came before the Court for the first time in 1798.

In Hamilton V Ellsworth, July 13, 1798, on a motion for a Fi.

Fa.

, Elmsley, and Powell, (afterwards ), differed in opinion, and we find the formal record: "The Court gave no opinion in this case, because it was an argument to ascertain whether lands can be taken in execution and sold for debt" The real difference of opinion was, apparently, as to the form of the writ, although this does not appear and is not indicated in the official entry.

In the following year, in the case of Ellis V Street, the plaintiff having failed to realize on his Fi.