A Treatise on the Doctrine of Presumption and Presumptive Evidence: As Affecting the Title to Real and Personal Property |
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Сторінка 33
which the party is owner : yet that it is not so inseparably or inalienably annexed
to this ownership , but that the party may transfer it to another . So that in all these
cases , the presumption is in favour of him to whom the right or property is said ...
which the party is owner : yet that it is not so inseparably or inalienably annexed
to this ownership , but that the party may transfer it to another . So that in all these
cases , the presumption is in favour of him to whom the right or property is said ...
Сторінка 34
In like manner , the strips of waste land lying between a high - road and the
adjoining enclosures , are supposed primarily to belong to the owners of such
enclosures ( d ) . But here again , in both of these cases , the presumption may be
...
In like manner , the strips of waste land lying between a high - road and the
adjoining enclosures , are supposed primarily to belong to the owners of such
enclosures ( d ) . But here again , in both of these cases , the presumption may be
...
Сторінка 246
... been made against the owner of the inheritance ; the former instances being ,
as it was said , all cases of presumption in favour of such owner . But this
proposition appears to be too extensively laid down . One of the instances in
which it has ...
... been made against the owner of the inheritance ; the former instances being ,
as it was said , all cases of presumption in favour of such owner . But this
proposition appears to be too extensively laid down . One of the instances in
which it has ...
Сторінка 401
... his possession still is that of the cestui que trust , and if non - performance of
the trust be the only circumstance in his favour , such possession will operate
nothing as a bar , because it is agreeable with the equitable owner's title : —just
as in ...
... his possession still is that of the cestui que trust , and if non - performance of
the trust be the only circumstance in his favour , such possession will operate
nothing as a bar , because it is agreeable with the equitable owner's title : —just
as in ...
Сторінка 459
... where the owner of an estate neglected for six years or more , ( a ) Per Lord
Camden in Smith Pettiward v . Prescott , 7 Ves . 547 . v . Clay , 3 Bro . C. C. 640 ,
n ; ( c ) . Per Lord Hardwicke in Reade v . Reade , 5 Veş . 749 , 750 ; Dormer v .
... where the owner of an estate neglected for six years or more , ( a ) Per Lord
Camden in Smith Pettiward v . Prescott , 7 Ves . 547 . v . Clay , 3 Bro . C. C. 640 ,
n ; ( c ) . Per Lord Hardwicke in Reade v . Reade , 5 Veş . 749 , 750 ; Dormer v .
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admitted advancement afforded amount appears applied arises assignment bequest bill child circumstances cited claim common consideration considered continues conveyance court covenant death debt decision deed demand determined direct discharge Earl East effect enjoyment entitled equal equity evidence executor existence fact father favour former gift give given grant ground heir held husband inference instance intention interest Jackson Johns land latter legacy limitations Lord marriage means ment mortgagee nature necessary notice object observed original owner paid particular party payment period person portion possession present presumed presumption principle proof prove provision purchase question reason regard remainder respect rule satisfaction satisfied seems settled settlement Smith statute sufficient supposed surrender taken tenant term testator's tion trust twenty unless Vern wife