A Treatise on the Statute of Frauds: As it Regards Declarations in Trust, Contracts, Surrenders, Conveyances, and the Execution and Proof of Wills and Codicils. To which is Prefixed a Systematic Dissertation Upon the Admissibility of Parol and Extrinsic Evidence, to Explain and Controul Written Instruments |
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Page 3
... seem to have been invented to answer the same purpose , as the consideration in our contracts to shew the engagement to ... seems to have been only binding by virtue of the confirmation afforded by the writing as testimony of a valuable ...
... seem to have been invented to answer the same purpose , as the consideration in our contracts to shew the engagement to ... seems to have been only binding by virtue of the confirmation afforded by the writing as testimony of a valuable ...
Page 6
... seems , to , be determined in the civil as well as our own law , by a species of evidence , which , according to their respective rules of judging , is demonstrative of the serious intention of the party to become bound by such promise ...
... seems , to , be determined in the civil as well as our own law , by a species of evidence , which , according to their respective rules of judging , is demonstrative of the serious intention of the party to become bound by such promise ...
Page 24
... seems to be , that wherever an ambiguity arises from the inapplicability of the name or description , as such ambiguity is produced by the state of facts , it is open to explanation by parol evidence , being properly an example of the ...
... seems to be , that wherever an ambiguity arises from the inapplicability of the name or description , as such ambiguity is produced by the state of facts , it is open to explanation by parol evidence , being properly an example of the ...
Page 28
... seems , very consistently and properly admitted , to decide the preponderance . The devise in Castledon v . Turner ... seem as if the principle of the decision af- firmed the doctrine of holding an ambiguity patent an incurable ...
... seems , very consistently and properly admitted , to decide the preponderance . The devise in Castledon v . Turner ... seem as if the principle of the decision af- firmed the doctrine of holding an ambiguity patent an incurable ...
Page 33
... seems indeed to be an order of cases in the Court of Chancery which has let in , perhaps with some anomaly of principle , and certainly with considerable struggle in the minds of chancellors , the application of extrinsic evidence ...
... seems indeed to be an order of cases in the Court of Chancery which has let in , perhaps with some anomaly of principle , and certainly with considerable struggle in the minds of chancellors , the application of extrinsic evidence ...
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Common terms and phrases
according admission admitted aforesaid afterwards agreed agreement ambiguity appears attested bill charge chattels circumstances clause codicil collateral common law consideration considered contract conveyance copyhold courts of equity debt declared deed defendant delivery devise disposition distinction doctrine effect executed executor express extrinsic evidence freehold given granted ground held instrument intention interest judges lands lease legacy legatee lessee letters of administration Lord Chancellor Lord Hardwicke Lord Macclesfield Lord Mansfield Lord Thurlow Lordship marriage ment mortgage non-commissioned officer nuncupative observed officer of marines operation opinion parol evidence part-performance party pass payment performance perjuries personal estate petty officer plaintiff presence presumption proctor promise proof proved purchase question real estate rent respect rule seaman seems signed statute of frauds sufficient surrender tenant tenements term testamentary testator's thereof thing three witnesses tion trust tute unless void warrant or petty words writing written
Popular passages
Page 222 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 134 - That no contract for the sale of any goods, wares, and merchandises, 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, or give something in earnest to bind the bargain, or in part payment...
Page 91 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 134 - ... or 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...
Page 250 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest, of, in, to or out of any messuages, manors, &c. made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...
Page 316 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony ; such, for instance, as the general rules of inheritance; and of protection from personal injuries.
Page 134 - 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, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 250 - Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised.