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 viii
... Terms . CHAP . XIV . Of the Presumption of Acts and Solemnities in support of Assurances and Rights . CHAP . XV . Of Presumptive Evidence in Matters of Pedigree , & c . CHAP . XVI . Of Presumed Grants of Portions of Tithes , of ...
... Terms . CHAP . XIV . Of the Presumption of Acts and Solemnities in support of Assurances and Rights . CHAP . XV . Of Presumptive Evidence in Matters of Pedigree , & c . CHAP . XVI . Of Presumed Grants of Portions of Tithes , of ...
Сторінка 6
... terms ; or of conveyances from a prior to a succeeding owner ; ( which are the usual instances of presumed deeds ) must not , in the case proposed , be necessarily re- garded as contrary to fact . But doubts of this nature , it is con ...
... terms ; or of conveyances from a prior to a succeeding owner ; ( which are the usual instances of presumed deeds ) must not , in the case proposed , be necessarily re- garded as contrary to fact . But doubts of this nature , it is con ...
Сторінка 7
... term , and ob- taining from the representative of the trustee or termor , a conveyance or assignment , brings his eject- ment ; when the second mortgagee produces in defence an old unre- gistered deed surrendering the term , or ...
... term , and ob- taining from the representative of the trustee or termor , a conveyance or assignment , brings his eject- ment ; when the second mortgagee produces in defence an old unre- gistered deed surrendering the term , or ...
Сторінка 9
... terms of the supposed grant or re- servation , whereto the title is ascribed , may be collected and ascertained from the manner in which the rights claimed have of late been exercised ( a ) : for the proba- bility is , that the ...
... terms of the supposed grant or re- servation , whereto the title is ascribed , may be collected and ascertained from the manner in which the rights claimed have of late been exercised ( a ) : for the proba- bility is , that the ...
Сторінка 10
... terms of the grant , served both to elucidate it , and to establish the right claimed ( a ) . The length of time which is necessary to substan- tiate the presumptive validity of titles , and the ex- tinguishment of demands , is from ...
... terms of the grant , served both to elucidate it , and to establish the right claimed ( a ) . The length of time which is necessary to substan- tiate the presumptive validity of titles , and the ex- tinguishment of demands , is from ...
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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.