HUSBAND AND WIFE-(continued.)

See PIN-MONEY.

Where a fine is levied of wife's land, and husband alone de-
clares the uses, assent of the wife to such declaration pre-
sumed, if she neglect for long time after his death to signify
her disagreement

Where wife's separate estate is misapplied, and she does not
complain for long time though in a capacity to do so, her
assent to the misapplication presumed

IGNORANCE.

See EXONERATION.

Ignorance, a good answer to rights of light or of common
claimed on the ground of long enjoyment

Page

439

- ib.

- 15, 300-
301, 306

sometimes in equity an answer to averred releases

of rights

IMMORALITY.

16, 386, 394

Immoral acts not presumed: the immorality of any particular

act must be proved

IMPRISONMENT.

Imprisonment, an answer to presumptions from lapse of
time

INCLOSURE.

Assent of lord and commoners to the inclosure of a common

presumed after long acquiescenee

INCORPOREAL HEREDITAMENTS.

- 26

14

267,439

Grants of incorporeal hereditaments presumed from long en-
joyment

5, 283-315

-

The limits of the right determined by the enjoyment
So, although the original grant be extant, if the right granted
is not precisely defined

INFANCY.

Infancy, an answer to presumptions from lapse of
time

INSANITY.

8-9

9

14, 314, 332

18

19

Insanity presumed to continue until proof of recovery
Effect of this presumption in protecting the rights of insane
persons against imposition

INTERLINEATION.

See LUNACY.

Interlineations in deeds presumed to have preceded their exe-

cution

JOINT PURCHASES.

Where an estate paid for by two or more persons in equal
shares is conveyed to them jointly, the jus accrescendi ob-
tains both at law and in equity

Right of survivorship not destroyed by a subsequent
conveyance to a trustee

nor by a subsequent expenditure in repairs or improve-
ments by one of the parties: in this case however the
representative of that person has a lien on the estate to
the amount of the expenditure, semble

JOINT PURCHASES-(continued.)

Same rule holds, where two or more enter into an agreement
for a purchase, and make equal deposits

Though the deposits be in unequal shares, the right by
survivorship will obtain, semble

Page

74

74-75

Where an estate paid for by two or more in unequal propor-
tions is conveyed to them as joint tenants, they take inte-
rests in equity corresponding with their respective advances 76
So, where an estate is paid for by two or more in unequal
shares and the conveyance is made to only one of them, or

to a trustee

53, 57, n.

If the trustee be a child of one of the parties, the child
is not entitled to his father's share as an advancement,
though no trust be declared

57, n.

An estate conveyed in joint tenancy to partners in trade does
not survive

75

Where mortgagees purchase the equity of redemption, and
pay for it equally, a conveyance to them in joint tenancy
does not give the estate to the survivor

JUDGMENTS.

Judgments not acted on for twenty years presumed to have
been satisfied

It is no answer that the cognisor has been in embarrassed
circumstances, and unable to pay the debt

78

The presumption rebutted by an interim acknowledg-
ment or payment of interest on the debt, or by proof
of cognizee's not being able to extend cognizor's land
by reason of prior encumbrances

LACHES.

Laches in urging a personal demand raises a presumption of
payment or of a release

359

ib.

5, 7-8

Effect of laches in determining equities 382-399, 402-450,
444-448

LAND.

See PAYMENT.

RELEASE.

Ownership of land presumed to comprise a title to all the
usual incidental rights and privileges

Waste strips of land between a road and adjoining inclosures
belong, prima facie, to the owners of those enclosures

Grant of right of landing presumed after twenty years' en-
joyment
LEASE. See BARGAIN AND SALE. Deed. DEMISE. EXECUTION.
LEGACY.

Legacies not claimed by the legatees nor acknowledged by
the executor for twenty years after they become due, pre-
sumed to have been paid

315

371-372

where testator's debts have been difficult to ascer-
tain, or his estate difficult to be got in
where executor admits, though by implication only,

ib.

LEGACY-(continued.)

that the demand subsists, as by pleading the statute

of limitations

Page

372-373

Legacy given by executor to a legatee of his testator, if of
equal amount, a satisfaction of the original legacy
See ADEMPTION. ASSENT. DOUBLE LE-

See DEED.

104

207-224

Re-conveyance of a legal estate outstanding in persons un-
known or refusing to re-convey may be obtained by appli-
cation to equity

LEGITIMACY.

-

Children born in wedlock presumed to be legitimate, if the
husband is within the four seas during the period of gesta-
tion

The presumption repelled,

by whatever prevents the intercourse of the married

parties, as,

distant local separation

separation founded in disagreement

husband's temporary infirmity

impotence

. 224

20

by proof of husband's absence though he returned
before the wife's delivery, if his return was so re-
cent as to prevent the possibility of his being the
father of the child

What evidence admitted in proof of non-access
Child conceived and born during a separation by divorce
a mensa et thoro, presumed not to be legitimate
Posthumous children born within due time of the husband's
death presumed to be legitimate

22

In order to legitimatize the child of a second marriage con-
tracted about one year after the first husband was last heard
of, first husband presumed to have been then dead

LICENSE.

Occupation for twelve or thirteen years of a parcel of waste
land, presumptive evidence of license to occupy

LIEN. See PURCHASE MONEY.

Twenty years' enjoyment of lights or windows overlooking
another person's land presumptive evidence of a license or
grant

304-306

But the right is co-extensive only with the enjoyment

where the exercise of the right has been unknown to
the owner of the adjoining premises
where the adjoining proprietor was under disability
when the twenty years began, or had only a par-

- 306

LIGHTS (continued.)

ticular interest in the estate prejudiced
where there is a particular local usage or bye-law to

the contrary

Page

• 307

307-308

Presumptive right from long enjoyment lost by non-user;
two or three years sometimes sufficient

LIVERY OF SEISIN.

308-309

Livery of seisin presumed after long possession under a feoff-
ment or lease

LUNACY.

Lunacy presumed to continue until proof of recovery
Lucid interval not presumed in support of a particular trans-
action though in itself quite rational

- 262

19

ib.

What evidence necessary to establish a lucid interval 19-20
See INSANITY.

MADNESS. See INSANITY. LUNACY.

MANOR.

Lord of a manor has prima facie a title to the soil
MARKETS.

Grants of markets presumed after twenty years enjoyment
without complaint

Whether the presumption is answered by the owner of
a neighbouring market having been meantime under
disability, quere

MARRIAGE.

- ib.

272-273

Presumptive evidence of marriage, what constitutes
A marriage being satisfactorily proved by presumptive evi-
dence, slight circumstances leading to a contrary infe-
rence disregarded

Re-marriage not an answer to the presumption of a marriage
from circumstances, semble

Title depending on the disputed validity of a marriage, of
which there is only slight evidence, will not be forced on a
purchaser

Contra, where the fact of marriage is disputed on only
slender grounds

Matters in pais relative to the vesting, &c. of estates, what
presumptive evidence of

273

274

ib.

275

268-282

Omnia præsumuntur legitime facta donec probetur in contrarium 25

Omnia præsumuntur recte et solenniter esse acta donec &c. 35,

203, 261, 27, 35, 37

MAXIMS (continued.)

Once a mortgage always a mortgage

Semel furibundus semper furibundus præsumitur

MESNE ASSIGNMENTS.

Mesne assignments presumed, where

Mines and minerals belong, prima facie, to the owner of the
soil

No presumption adverse to the right of the real proprietor arises
from delay in working a mine which has been severed from
the ownership of the soil

Reservation of mines presumed, where
MORTGAGE. See EQUITY OF REDEMPTION.
MORTGAGE DEBT.

Page

329

18

208

31

14, 401
. 316

Mortgage debt presumed to have been paid off at the time
limited in the condition, where the mortgagor has the deed
in his custody, and there is no evidence to the contrary 223, 265
Mortgage debt presumed to have been satisfied, where inte-
rest has not been paid for twenty years
The presumption of payment rebutted,

352-357

where circumstances show the improbability of the
debt being discharged

where the estate, when mortgaged, was a dry rever-
sion, semble

- 358

where the debt has been acknowledged within the
twenty years

Mere occupancy enough to support or defend an ejectment
against strangers

OFFICE.

Presumptions in favour of title from lapse of time rebutted by
supposed grantor being entitled only in virtue of an office

OUSTER.

OWNERSHIP. See LAND. POSSESSION.
PARENT AND CHILD.

Who within the description of persons loco parentis

29

15

195

127, n.

Son induced by his father to give up his interest in a settle-
ment loses his right of complaint by long delay, where 441, 442
PAROL EVIDENCE.

Parol evidence admissible to rebut the prima facie satisfac-
tion of covenants for family provisions

89, 101

to rebut, and when opposed, to sup-
port the presumptive satisfaction of a debt by a legacy
Similiter, the presumptive satisfaction of portions by legacies
or second portions

113

122

Parol evidence admissible to show that double legacies were
intended, when the presumption is contrary

150

Contra, to show that a single legacy only was intended,
when the presumption is that testator meant to give
two distinct legacies

ib.