A Treatise on the Doctrine of Presumption and Presumptive Evidence: As Affecting the Title to Real and Personal PropertyJ. Butterworth and son, 1827 - 483 стор. |
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Сторінка 46
... amount of the wife's debts , he will not be considered bound , out of his sepa- rate funds , to pay off any part of the loan : the parties , it will be presumed , had one uniform intention with regard to the whole sum borrowed , -namely ...
... amount of the wife's debts , he will not be considered bound , out of his sepa- rate funds , to pay off any part of the loan : the parties , it will be presumed , had one uniform intention with regard to the whole sum borrowed , -namely ...
Сторінка 47
... amount of the money advanced ( b ) . With respect to tenant in tail , who pays off an en- ( a ) 1 Ves . jun . 233. 4 . ( b ) Kirkham v . Smith , 1 Ves . 258 ; Amesbury v . Brown , ib . 477 , 480-1 ; Jones v . Morgan , 1 Bro . C. C. 206 ...
... amount of the money advanced ( b ) . With respect to tenant in tail , who pays off an en- ( a ) 1 Ves . jun . 233. 4 . ( b ) Kirkham v . Smith , 1 Ves . 258 ; Amesbury v . Brown , ib . 477 , 480-1 ; Jones v . Morgan , 1 Bro . C. C. 206 ...
Сторінка 49
... amount of the rents and profits , was received as testimony , serving to show the wish of the party to prevent the estate being sold : and Lord Thurlow , assuming , for the sake of argu- ment , that the person who discharged the debt ...
... amount of the rents and profits , was received as testimony , serving to show the wish of the party to prevent the estate being sold : and Lord Thurlow , assuming , for the sake of argu- ment , that the person who discharged the debt ...
Сторінка 51
... amount of which equals , or nearly so , the value of the estate on which they are secured , the payment of one of the early charges by tenant in tail will not necessarily be taken as made with a view to exoneration ; since the interest ...
... amount of which equals , or nearly so , the value of the estate on which they are secured , the payment of one of the early charges by tenant in tail will not necessarily be taken as made with a view to exoneration ; since the interest ...
Сторінка 76
... amount of the sums advanced ( b ) . When the purchase money is advanced in unequal shares , the presumption which obtains is , that the parties intended to hold the beneficial interest in severalty , and that it should not be liable to ...
... amount of the sums advanced ( b ) . When the purchase money is advanced in unequal shares , the presumption which obtains is , that the parties intended to hold the beneficial interest in severalty , and that it should not be liable to ...
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TREATISE ON THE DOCTRINE OF PR John H. (John Hubbersty) B. 17 Mathews Попередній перегляд недоступний - 2016 |
A Treatise on the Doctrine of Presumption and Presumptive Evidence: As ... John Hubbersty Mathews Попередній перегляд недоступний - 2013 |
Загальні терміни та фрази
afterwards annuity appears assignment beneficial bequest bill child circumstances cited claim conveyance copyhold court court of equity covenant Cowp creditors death debt declaration decree deed devise discharge doctrine Duke Earl East enjoyment entitled equity executor facie fact father favour feme covert Finch Forr Freem gift grant ground heir held husband inference instance intention interest intestacy Lady land legacy legatee Long Buckby Lord Eldon Lord Ellenborough Lord Hardwicke Lord Thurlow Madd marriage ment mortgagee mortgagor object owner P. C. by Toml particular party payment personal estate plaintiff portion possession Prec presumed presumption principle proof provision purchase purpose reason regard remainder rents repel residuary estate residue rule satisfaction satisfied seisin settled settlement Smith statute statute of limitations sufficient supposition surrender Swans term testator's tion trust twenty Vern wife
Популярні уривки
Сторінка 446 - A court of equity which is never active in relief against conscience or public convenience has always refused its aid to stale demands where the party has slept upon his rights and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence.
Сторінка 447 - For where the legislature had fixed the time at law, it would have been preposterous for equity, which, by its own proper authority, always maintained a limitation, to countenance laches beyond the period that law has been confined to by Parliament.
Сторінка 238 - But where acts are done or omitted by the owner of the inheritance, and persons dealing with him as to the land, which ought not reasonably to be done or omitted, if the term existed in the hands of a trustee, and if there do not appear to be any thing that should prevent a surrender from having been made ; in such cases the things done or omitted may most reasonably be accounted for by supposing a surrender of the term, and therefore a surrender may be presumed.
Сторінка 446 - Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence : where these are wanting, the court is passive, and does nothing.
Сторінка 226 - that he and many of the judges had resolved never to suffer a plaintiff, in ejectment, to be non-suited by a term standing out in his own trustee, or a satisfied term set up by a mortgagor against a mortgagee; but that they would direct the jury to presume it surrendered.
Сторінка 52 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser; whether in one name or several; whether jointly or successive, — results to the man who advances the purchase money.
Сторінка 20 - By the common law, if the husband be within the four seas, that is, within the jurisdiction of the King of England...
Сторінка 237 - Where a term of years becomes attendant upon the reversion and inheritance, either by operation of law, or by special declaration upon the extinction of the objects for which it was created, the enjoyment of the land by the owner of the reversion, thus become the cestui que trust of the term, may be accounted for by the union of the two characters of cestui que trust and inheritor, and without supposing any surrender of the term; and therefore, in general, such enjoyment...
Сторінка 224 - And be it further enacted, that where any person seised of any land upon any trust shall be out of the jurisdiction of or not amenable to the process of the Court of Chancery...
Сторінка 447 - But as the court has no legislative authority, it could not properly define the time of bar, by a positive rule, to an hour, or a minute, or a year, it was governed by circumstances. But as often as parliament had limited the time of actions and remedies to a certain period, in legal proceedings, the court of chancery adopted that rule, and applied it to similar cases in equity.