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RESULTING TRUST-(continued.)

Page
The resulting trust not prevented as to real estate by evi-

dence of intention to make the nominee a trustee for a third
person

56 This question as to personal estate is unsettled

ib. RESUMPTION.

Right of resumption for a forfeiture presumed to be remitted,
if not acted on within reasonable time

401-402
REVERSION. See PurchASES of REVERSIONS.
ROAD. See DEDICATION. WAY.
ROBBERY.

Proof of robbery in a place where lost deeds are supposed to

have been kept, corroborative testimony of their having ex-
isted

108 SACRAMENT.

Sacrament presumed to have been taken by an alderman pre-
viously to his election

26-27 SATISFACTION. Satisfaction of demands presumed from long delay · 5, 8

See ANNUITIES.

Bonds. COVENANTS,
Demands. Debts. DECREES. LEGA-
CIES. LIEN. MORTGAGE DEBTS. POR-
TIONS. STATUTES. WARRANTS OF AT.

TORNEY.

SEALING. -Sealing of deeds presumed

36 SECONDARY EVIDENCE.

To admit secondary evidence of deeds, a probable ground

must be shown that such deeds really existed, and also
proof that they cannot be found

196, 199
Long possession a ground for admitting secondary evidence
of deeds

196 What sufficient as secondary evidence of deeds 196-197 Circumstances corroborative of such evidence

198 When the former existence of a deed is sufficiently estab

lished by secondary evidence, an unexecuted engross

ment of it will not destroy the force of the evidence 197—198 Recitals how far to be depended on as evidence, 201-205 Deeds twenty years old making a tenant to the precipe, presumptive evidence of a recovery,

201 Recovery of twenty years' standing, presumptive proof of deeds making a tenant to the precipe

199-200 SECURITIES.

Securities for money taken in the name of a third person be-
long beneficially to the real creditor

53 SETTLEMENT.

Child's right in equity to a settlement in remainder in part of

a feme covert's estate which ordered to be settled upon
her, lost where the settlement made contains no provision

for the child, and he does not complain after coming of age 411
Right în remainder under a settlement directed to be made by
a will lost where the party neglects to require such set-

64

re

35

SETTLEMENT-(continued.)

Page tlement to be made, and persons previously entitled (had the settlement been made) might have suffered a covery

412-413 Destruction of a settlement, and the wrongful disposition of

the property; not relievable against, unless complaint made
within a reasonable time

439, 440—442 See PARENT AND CHILD. SHIPS.-Registry of a ship conclusive proof of title - 28, note (c).

Ship being bought in the name of a stranger, no trust results 54 Ship in the order and disposition of a bankrupt, though it belongs to others, passes to his assignees

54 n, (c). SIGNING.–Signing of deeds presumed, where SOIL.

Soil of a manor waste prima facie belongs to the lord 30, 31
Soil of a high-road prima facie belongs to the owners of land
on each side to the central line of the way

31 SOLEMNITIES.

Solemnities necessary to the validity of deeds, and to the es

tablishing of rights presumed, where 6, 7, 34–37, 260—267 SPECIFIC PERFORMANCE. See AGREEMENTS FOR PURCHASE.

COVENANTS FOR RENEWAL.
STAMP DUTY.

Ad valorem duty presumed to have been paid, and a proper
stamp affixed on a lost deed

40 STATUTE OF LIMITATIONS.

This statute followed as to the length of time necessary to
raise the presumption of deeds

11 STATUTES MERCHANT AND STAPLE.

Statutes presumed to have been paid if not enforced nor the
debt acknowledged within twenty years, semble

360
Cognisee's neglect not excused, though cognisor's land
had descended to an infant, or from his being under per-
sonal obligations to cognisor

ib. STEWARDS' BOOKS.

Books of steward of a manor secondary evidence of surren-
ders, &c., minuted in them

197
STRIPS OF WASTE LAND. See LAND.
SURRENDER.
Surrender of copyholds, what secondary evidence of

ib. Surrender to the use of a will presumed after long enjoyment by the devisee

208 Surrender of freehold to tenant in tail in remainder presumed in order to support a recovery, where

189-191, 193 Surrenders of satisfied terms assigned to trustees to attend the

inheritance, cases on the presumption of stated and discuss-
ed

226-258
Surrenders of satisfied terms, which have not been assigned
to attend, presumed, where

258269 TENANT IN COMMON. See DEED. OUITE.

TENANT FOR LIFE.

Page Supposed grantor being only tenant for life, an answer to presumption from lapse of time

14 See EXONERATION. TENANT TO THE PRECIPE.

Deeds making a tenant to the precipe presumed, where 199—200 TENANT IN TAIL. See ExoNERATION. TERMS. See SURRENDER. THIRTY NINE ARTICLES.

Thirty ninc articles presumed to have been read hy a bene

ficed clergyman on taking possession of his benefice 27, 265 TIMBER. -Reservation of right to cut and carry away timber presumed, where

316 TIME.-Efficacy of time as evidence in support of titles, 5,

6, 187—225, 253-316,-329-351, 380—399, 400–450 Efficacy of time as evidence of the release, payment, or ex

tinguishment of demands - 5, 7, 352—378, 422—433 Efficacy of time as corroborative of secondary evidence - 8, 196 The length of time necessary for these different purposes va

ries according to circumstances, but as a general rule twen-
ty years are sufficient

10-12 TITHES.-Presumptive title to tithes does not arise from long non-pavment

13, 286 Long adverse perception or receipt of a portion of tithes issu

ing from the lands of a stranger, presumptive evidence of
title under an ancient severance

284-285 Long-possession by a land-owner of the tithes of his estate,

with proof of their having been from time to time a spe-
cific subject of conveyance, devise, &c., presumptive evi-
dence of title

287-288 Presumptive evidence being given of a severance, loss of intermediate conveyances inmaterial

288 What length of time will create the presumption of a severance, quere

289 where there is clear evidence of a portion having been severed

before the restraining statutes, or of a discharge by a lay
rector, proof that the owner of the land out of which it is-

sues holds by a separate title, not necessary 289-290 Long enjoyment of particular tithes by a vicar, where the en

dowment is lost, presumptive proof that such tithes were
contained in the endowment

291 Vicar's long enjoyment of tithes not mentioned in the endow

ment, presumptive evidence that those tithes were annexed
to the vicarage by way of augmentation

ib. Where a rector has long enjoyed tithes included in the en.

dowment, a presumption arises that a subsequent agree-
ment was made between the rector and vicar as to the divi.
sion of the tithes

291 TOLLS.Grants of tolls presumed from the crown, where 303 TRUST,--to purchase presumed to be performed, where 101-102

See RESULTING TRUST.

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TRUSTEE

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if trustee, in committing a breach of trust, acts with the con-

currence of the cestuis que trust, or they acquiesce after-
wards, and a loss ensues, the trustee is not liable 429

Contra, if the cestuis que trust are a body of creditors 430
WAIVER.-Waiver of rights and equities presumed, where 382—450
WARRANTS OF ATTORNEY.

Warrants of attorney not acted on for twenty years presumed
to be satisfied

359 WATER.---Right to a run or spring of water presumed after twenty years' enjoyment

312 Twenty years' occupation of the water of a river, presumptive proof of title

312313
Limits of the presumed right determined by the mode of en-
joyment

9, 313–314
The presumption does not arise,
where the parties prejudiced were under disabilities

when the occupation began, or had only a particu-
lar interest

314
where the occupation originated in a lease or agree-
ment

ib. where it is in derogation of the public rights

ib. The presumptive right lost by non-user

315 WAY.-Right of way presumed from twenty years' enjoyment, 309

Mode of enjoyment determines the limits of the right 9, 310
Whether a way of necessity is limited to the uses made of
the premises when the way was first used, quere

311
The presumption not rebutted by evidence,
that the usage began under a mistake

309-310
that the way did not exist before the twenty years
began

310
that the land over which the way runs has been in
the hands of a succession of tenants

310
The presumption does not arise,

where the usage has been interrupted or contested 309
where it is accounted for on the ground of leave or
otherwise

ib.
Rights of way lost by long non-user

311
See DEDICATION.
WIFE. See HUSBAND AND WIFE.
WILL. Will presumed to be correctly executed

39
Will appointed an executor presumed in support of an old

assignment of a term, made by a person described as ex-
ecutor of a former owner, semble

208
Will thirty years old proves itself

261, n.
Republication of will presumed after long enjoyment. 264
WINDOWS. See LIGHTS.
WORDS,—Technical words presumed to be used in a technical

40
Contra, where an opposite intention appears

41 WRONG. - Wrong never presumed Wrong may be inferred from circumstances

27

sense

25, 26

.

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