A Compendium of the Law of EvidenceBrooke and Clarke, 1804 - 428 էջ |
From inside the book
Արդյունքներ 56–ի 1-ից 5-ը:
Էջ 13
... paid him by a particular tenant , are no evidence after his death to prove his property in the land , ( b ) because he was interested to make the entry . And here a diftinction fhould be attended to between hearfay evidence of mere ...
... paid him by a particular tenant , are no evidence after his death to prove his property in the land , ( b ) because he was interested to make the entry . And here a diftinction fhould be attended to between hearfay evidence of mere ...
Էջ 15
... paid a check was not permitted to be read as evidence of such fact , though the clerk was refident in a foreign country . Cooper v . Marfden , Sittings after Eaft . Term , 1793 , MS . 1 Efp . N. P. Caf . 15. C. But in an action for a ...
... paid a check was not permitted to be read as evidence of such fact , though the clerk was refident in a foreign country . Cooper v . Marfden , Sittings after Eaft . Term , 1793 , MS . 1 Efp . N. P. Caf . 15. C. But in an action for a ...
Էջ 21
... paid him rent , he was not permitted in an action for ufe and occupation to difpute the title of his leffor by proving that his pre- fentation was fimoniacal . Moft of the foregoing cafes may be claffed under the head of prefumptive ...
... paid him rent , he was not permitted in an action for ufe and occupation to difpute the title of his leffor by proving that his pre- fentation was fimoniacal . Moft of the foregoing cafes may be claffed under the head of prefumptive ...
Էջ 24
... paid upon it , for 18 or 20 years , the Law calls upon the obligee to give fome reason for the delay , and in default of his doing so , prefumes that it has been paid ( Forbes v . Wale , 1 Blac . 532. ) ; and the fame rule applies to a ...
... paid upon it , for 18 or 20 years , the Law calls upon the obligee to give fome reason for the delay , and in default of his doing so , prefumes that it has been paid ( Forbes v . Wale , 1 Blac . 532. ) ; and the fame rule applies to a ...
Էջ 35
... paid it before ; and even if no judgment be figned , but a party on being fued , or a tenant when diftrained on , pays the money demanded of him , protesting at the fame time that it is not due ; the Law will not permit him to re- cover ...
... paid it before ; and even if no judgment be figned , but a party on being fued , or a tenant when diftrained on , pays the money demanded of him , protesting at the fame time that it is not due ; the Law will not permit him to re- cover ...
Բովանդակություն
186 | |
192 | |
197 | |
205 | |
211 | |
220 | |
229 | |
230 | |
245 | |
249 | |
257 | |
342 | |
353 | |
373 | |
390 | |
398 | |
402 | |
406 | |
413 | |
418 | |
421 | |
425 | |
Common terms and phrases
Act of Parliament action admiffible admitted afterwards againſt alfo anfwer assumpsit Baron Gilbert becauſe bill Blac Burr cafe caufe cauſe Ch.II cited codicil conclufive contract copy Courts of Equity Cowp debt declaration deed defendant dence depofitions difpute Dougl ejectment entry examined execution fact faid fame feal feems fendant fentence fhall fhew fhould fome ftate fubject fuch fuit fworn Gilb give evidence given in evidence hand writing held himſelf husband iffue inftances inftrument intereft judgment jury Justice land liable Lord Kenyon Lord Mansfield marriage ment muft muſt neceffary non est factum notice oath obferved Omichund parol evidence party payment Peake's perfon permitted plaintiff plea pleaded prefumption profecution proof prove purpoſe queftion reafon received Record rule Salk ſhall shew Statute Statute of Frauds Stra sufficient teftimony tenant testator thefe third person thofe tion trial verdict Vide whofe wife witnefs witness writ
Սիրված հատվածներ
Էջ 211 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Էջ 338 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Էջ 210 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Էջ 378 - ... and consent; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn or obliterated, by the testator, or...
Էջ 16 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Էջ 241 - ... to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendants in an action on the case, for the use and occupation of what was so held or enjoyed...
Էջ 210 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Էջ 310 - So in the case of tenants in common : the possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; because such possession is not adverse to the right of his companion, but in support of their common title...
Էջ 378 - that no devise, in writing, of lands, tenements, or hereditaments, nor any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same...
Էջ 322 - ... in ejectment for the recovery of the demised premises; or, in case the same cannot be legally served, or no tenant be in actual possession of the premises, then...