A Treatise on the Doctrine of Presumption and Presumptive Evidence: As Affecting the Title to Real and Personal PropertyGould, Banks and Company, 1830 - 508 стор. |
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Сторінка 5
... proof , and that the evidence only has been destroyed , or lost , or decayed , by the common accidents of time ; reason manifestly requires , that lapse of time , since the occurrence of the presumed facts , should be held essential in ...
... proof , and that the evidence only has been destroyed , or lost , or decayed , by the common accidents of time ; reason manifestly requires , that lapse of time , since the occurrence of the presumed facts , should be held essential in ...
Сторінка 9
... proof , gradually diminish their security ; and instead of affording pro- tection against ancient demands , would powerfully contribute to their assertion . Time being thus available as prima facie testimony of instruments conferring or ...
... proof , gradually diminish their security ; and instead of affording pro- tection against ancient demands , would powerfully contribute to their assertion . Time being thus available as prima facie testimony of instruments conferring or ...
Сторінка 13
... proof , which might be explained away ; Lord Mansfield , C. J. said , he thought there must be some mis- take in what had passed at the trial ; for though length of time was certainly a presumptive bar , which ought to go to a jury , it ...
... proof , which might be explained away ; Lord Mansfield , C. J. said , he thought there must be some mis- take in what had passed at the trial ; for though length of time was certainly a presumptive bar , which ought to go to a jury , it ...
Сторінка 17
... proof of the land- owner's having been ignorant of the usage ( b ) : but to make this objection effectual , the ignorance must be clearly shown ; or at least such evidence adduced as gives it decided credibility ( c ) . The as- serted ...
... proof of the land- owner's having been ignorant of the usage ( b ) : but to make this objection effectual , the ignorance must be clearly shown ; or at least such evidence adduced as gives it decided credibility ( c ) . The as- serted ...
Сторінка 20
... proof lies on him who alleges insanity . Jack- son ex dem . Cadwell v . King , 4 Cow . 207. Stevens and wife v . Var- cleve , 4 Wash . 262 . on the essential nature of insanity , and the constant [ * 18 ] 20 PRESUMPTIONS OF LAW ...
... proof lies on him who alleges insanity . Jack- son ex dem . Cadwell v . King , 4 Cow . 207. Stevens and wife v . Var- cleve , 4 Wash . 262 . on the essential nature of insanity , and the constant [ * 18 ] 20 PRESUMPTIONS OF LAW ...
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Загальні терміни та фрази
acquiescence afterwards annuity appears assignment beneficial bequest bill child circumstances cited claim codicil conveyance copyhold court court of equity covenant Cowp creditors death debt declaration decree deed devisee discharge doctrine Duchess of Beaufort Earl East enjoyment entitled equity evidence executor fact father favour Freem gift given grant ground heir held husband inference instance intention interest Jackson Johns land lapse legacy legatee Lord Eldon Lord Ellenborough Lord Hardwicke Lord Mansfield Lord Thurlow Madd marriage ment mortgagee mortgagor Munf owner parol particular party payment plaintiff portion possession Prec presumed presumption principle proof provision purchase Rawle reason remainder rent residuary estate residue rule satisfaction satisfied Sed vide seisin Serg settlement Smith statute statute of limitations sufficient supposition surrender tenant term testator's tion Toml trust twenty Vern wife