A Treatise on the Doctrine of Presumption and Presumptive Evidence: As Affecting the Title to Real and Personal Property |
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Сторінка 345
Ox breach of the condition or proviso , which is contained in mortgage deeds for
payment of the money lent , the estate of the mortgagee becomes absolute at law
. To mitigate the severity of this rule , it was laid down as a maxim in our courts ...
Ox breach of the condition or proviso , which is contained in mortgage deeds for
payment of the money lent , the estate of the mortgagee becomes absolute at law
. To mitigate the severity of this rule , it was laid down as a maxim in our courts ...
Сторінка 381
... debt on a bond due seventeen years before , the defendant having pleaded
payment at the day , and urged in defence ... estate in the plaintiff's
neighbourhood , and had been constant and regular in all his payments , it
should be presumed ...
... debt on a bond due seventeen years before , the defendant having pleaded
payment at the day , and urged in defence ... estate in the plaintiff's
neighbourhood , and had been constant and regular in all his payments , it
should be presumed ...
Сторінка 384
tion of [ * ] payment may also be resisted on the ground of the obligor's poverty ,
and consequent inability to pay ( a ) ; or of his absence beyond sea , by which the
obligor was prevented from pursuing his demand with effect ( b ) ( 1 ) . It likewise
...
tion of [ * ] payment may also be resisted on the ground of the obligor's poverty ,
and consequent inability to pay ( a ) ; or of his absence beyond sea , by which the
obligor was prevented from pursuing his demand with effect ( b ) ( 1 ) . It likewise
...
Сторінка 398
( a ) It remains to observe , that where a debt which is claimed after a great
number of years is disputed by the defendant , who however admits that it has not
been paid , so that all inference of payment from the lapse of time is excluded ;
yet a ...
( a ) It remains to observe , that where a debt which is claimed after a great
number of years is disputed by the defendant , who however admits that it has not
been paid , so that all inference of payment from the lapse of time is excluded ;
yet a ...
Сторінка 448
who for an unreasonable time delay to require payment , [ * ] and allow the
executor or administrator ' to part with the funds entrusted to him . In these cases
equity presumes either that the debts have been satisfied , or that the creditors
have ...
who for an unreasonable time delay to require payment , [ * ] and allow the
executor or administrator ' to part with the funds entrusted to him . In these cases
equity presumes either that the debts have been satisfied , or that the creditors
have ...
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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