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COVENANTS FOR RENEWAL-(continued.)

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right accrues to require performance

421
No answer that the covenantee was not aware that the
time to require a renewal had arrived

422
COVERTURE.

Coverture an answer to presumptions from lapse of time 14
CREDITORS.

Presumptions of the release of demands from lapse of time

not made where the parties entitled are a body of credi-
tors

17
Purchase by trustees of an estate sold for payment of debts

may be set aside by the creditors at any distance of time 395
Creditors not bound by the distribution of a testator's estate

among the legatees, &c., but may compel them to refund
at any distance of time, semble

426-427
Contra, if the creditors are aware of the distribution at
the time : much more if the legatees afterwards sell
the property bequeathed to them.

425-6, 427
Trustees committing a breach of trust liable to make good

losses thence arising after any lapse of time, if the cestu.
is que trust are a body of creditors

430_431
Charge on land for payment of debts not affected by the cre-

ditors' delay, while the estate continues in the hands of
the heir ; nor is their right against the heir determined in
respect of the purchase money, if he sells the estate 431–

432,n.
But purchasers from the heir will be protected, if the
delay of creditors is great

432–433, n.
CROSS REMAINDERS..
Cross remainders not raised by implication in deeds

42
Presumption in favour of cross remainders where a devise is
made to two persons as tenants in common in tail

42
Presumption against cross remainders in devises to more
than two as tenants in common in tail

42-43
These presumptions now little regarded, the intention
only is consulted

43-44
CROWN.

Licence from the crown to occupy a tenement presumed
from long enjoyment -

-6, n.
Grants from the crown presumed after long enjoyment, 6 n., 193,

302, 303
Deed of enfranchisement of a copyhold presumed from the
crown after long adverse possession

· 188
DEATH.

Absence abroad for seven years without interim account,
presumptive evidence of death

279-281
What testimony is competent to prove the absence, &c. 280
Title dependent simply on a death may be accepted by a

purchaser after twenty years from the time when the par-
ty was last heard of, semble

282

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DEATH(continued.)

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Death of a first husband presumed in order to legitimatize a

child by a 'second marriage contracted twelve months on-
ly after the first husband was last heard of

26
DEBTS.

Specialty debts presumed to be paid or released after twen-
ty years' non-claim

352-366
Simple contract debts, not within the statute of limitations,

presumed to be paid or released after twenty years' non-
claim

. 376
Debt presumed to be satisfied by a pecuniary legacy 'to the

creditor of equal or greater amount and payable imme-
diately

· 103
although the creditor is the testator's wife or child 104
or his servant, semble

ib.
though the debt is in fact a legacy, which the testator

as the executor of a third person owes to the legatee-
creditor

ib.
The presumption of satisfaction rebutted,
where the legacy is of less amount than the debt

112
where it is not payable equally soon

· 109
where it is not ejusdem generis

107
where it is an annuity or life interest, or a contingent or
determinable interest

108
if the bequest is of a residue

112
where the particular motive for giving the legacy appears 110
where testator specifically directs the payment of his
debts

109
where the debt is incurred after the gift of the legacy 107
where the debt is secured by a bill of exchange, or a ne-
gotiable promissory note

· 111
where the debt is a balance in favour of the testator upon

a running account between him and the legatee unclos-
ed at the time of testator's death

112
The presumption may be repelled by parol evidence of in-
tention

- 113
Parol evidence also admissible to fortify the presump-
tion when impugned

ib.
Debt to a child presumed to be satisfied by a portion or
advancement

ib.
See CREDITORS. DEMANDS. PAYMENT.

RELEASE.
DECREE.

Claims under decrees not enforcible after twenty years' neg-
lect ..

359
DEDICATION.

Dedication of a right of road in a thoroughfare presumed af-
ter long user of it by the public

317-320
Whether the same rule applies to a cul de sac, quere, 321

324
61

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DEDICATION-(continued.)

The presumption from long-user not rebutted,

though the road be circuitous, and there is a direct road 320
or the road was at first intended for private convenience
only

ib.
though the land of which the road forms part has been in

the hands of a succession of tenants,-unless the land-
lord's knowledge of the user be clearly proved

ib.
Right of the public limited by the mode of actual enjoyment 321

-324
The presumption of dedication does not arise
where the immediate owner in possession at the time

when the user began, had only a particular estate 324
or was under a legal disability, semble

325
where a gate, bar, or chain, was put up at the time

when the road was laid down, in order to exclude
the public

ib.
Right of the public lost by long non-user - 326–328
DEEDS.

Deeds of conveyance and grant presumed after long adverse
enjoyment

5—6, 186—188, 283–316
a conveyance from one of two tenants in common
to his companion

188
a conveyance from the lord to a copyhold tenant of .
the freehold of copyhold land -

ib.
a conveyance or release of an equity of redemp-
tion,

ib.
grants of portions of tithes and of other incorporeal
hereditaments

: 283-316
The presumption in these cases does not arise if the

commencement of the possession can be accounted
for, and twenty years have not elapsed since the

cause for entry into possession terminated - 188-189
Surrender of freehold to tenant in tail in remainder presumed
in order to support an old recovery

189—191
unless it appears that the estate of the freeholder ex-

isted after the recovery was actually suffered 190—191
Deeds making a tenant to the precipe presumed to support a
recovery suffered twenty years before

199-200
unless defective deeds for such purpose actually exist 200
Bargain and sale for a year, the basis of an existing release,
presumed after twenty years, semble

2014203
Demise or other deed creating an old term, of which subse-

quent assignments are in existence, presumed 203—205
Deeds carrying back a title sixty years presumed, where

there are recitals of such deeds in more recent instruments 205
Deeds necessary to have altered the quantity of interest

vested in the earlier proprietorsof a family estate presumed,
where for several generations, they have treated it as pos-
sessing a different interest, semble

209

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DEEDS-(continued.)

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Deeds conveying the legal estate, when otherwise such le-
gal estate would be outstanding, presumed,
where there is a chasm between an instrument creating

a trust, and a conveyance thirty or forty years old
from persons described as then trustees to trustees
newly appointed -

207
where there is a chasm between the creation of an old
term and modern assignments of it

208
where an estate is given to trustees to convey at a
. specified time, or on the happening of a specified

event, or immediately after the completion of specifi-
ed purposes,

209-210
where an estate is given to trustees for a temporary

purpose only, and a trust to re-convey arises by im-
plication

210-217
This rule inapplicable where the object of the

trust is not plain, or where the estate was only
under covenant to be conveyed to certain uses,
and has been so enjoyed

217-220
unless there are other circumstances creating

per se the presumption of a conveyance 221
Nor where the trustees would by re-conveying
commit a breach of trust

221-222
Re-conveyance of the legal estate on satisfaction of an old
mortgage in fee presumed

222
The presumption in none of the preceding cases is rebutted,

if the presumed deeds affect lands in the register counties,
from the mere want of the registration, semble

6, n.
Deeds of release or discharge as to old claims presumed
from long delay in asserting them 8, 187–188, 352, 367,

384
Deeds presumed to have been properly executed, 34-36, 260_

261
of thirty years old admitted in evidence without proof
of execution

261
of less age admitted in evidence without proof of ex-
ecution, if the witnesses are dead, and the enjoyment
has been conformable

261-262
Secondary evidence of deeds, what is

196-197
See SECONDARY EVIDENCE.
Deeds twenty years old making a tenant to the precipe pre-
sumptive evidence of a recovery

201
DELAY. See DEMAND. LACHES. PAYMENT. RELEASE.
DELIVERY.
Delivery of deeds presumed, where -

36
DEMANDS.

Demands though admitted not to have been satisfied, yet if

founded in very old transactions, presumed never to have
existed, semble

378

See LACHES. PAYMENT. RELEASE.

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DEMISE.

Deeds of demise for long terms presumed, where there are

recitals of such deeds in existing assignments, and the
possession has been accordingly

203-205
DEVISA VIT VEL NON.

Right to an issue of devisavit vel non lost by twenty years'
delay

414-415
DEVISEE.

Devisee presumed to accept the property devised to him 32
Right of devisee of an equitable estate lost by permitting

testator's heir to take possession and hold for twenty
years

413_414
DISABILITIES.

. -
Recognised legal disabilities answer to presumptions from
lapse of time

14
DISCLAIMER.
Grantees and devisees have power to disclaim

32
Disclaimer may be made by parol, semble

ib.
Heir at law of grantee or devisee whose acceptance cannot
be proved or presumed, may disclaim, semble-

32-33
DISSEISIN.

Disseisin of a trustee by his cestui que trust presumable, if ne-
cessary, semble

223
See OUSTER.
DISTRIBUTION.

Erroneous distribution by executor or administrator, (the

parties really entitled being ignorant of their rights) may be
set aside at any distance of time, if the restitution of the
funds produces no extraordinary hardship

- 424
Contra, if the parties entitled were aware of their rights,

or the hardship on persons making restitution would
be extreme

- 425
DORMANT RIGHTS.

Every presumption admissible to repel dormant rights
DOUBLE LEGACIES.

Where a specific article is twice given, whether in the same

instrument or in different instruments, the bequest is only
single

141
Where double pecuniary legacies or annuities of equal amount

are given by same instrument, although in some respects
differently modified, or payable at different times, legatee
is entitled to only one of them

-142

141-142
Contra, if the legacies or annuities are of unequal a-
mount, or given for different causes, or the second is
given as an additional bounty

ib.
Legacies by separate instruments, whether the second is equal

to, greater, or less than the preceding, prima facie accu-
mulative

143
A fortiori, if the second legacy is given for a different cause,

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