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" It is the well established law in this State. And if the propriety of the rule was now res Integra perhaps the necessity of the case arising from the situation of our country, and the want of self-evident termini of our lands, would require its adoption.... "
Cases Argued and Determined in the Supreme Court of North-Carolina - Page 334
by North Carolina. Supreme Court, Thomas Pollock Devereux, George Edmund Badger - 1834
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Reports of Committees: 16th Congress, 1st Session - 49th Congress ..., Volume 3

United States. Congress. House - United States - 1858 - 808 pages
...declarations to be proven, under the rule that, in questions of boundary, hearsay is evidence. * * * From necessity, we have, in this instance, sacrificed...principles upon which the rules of evidence are founded." The same doctrine is held in New Hampshire. Connecticut, Pennsylvania, South Carolina, Kentucky, and...
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Speeches, Arguments, Addresses, and Letters of Clement L. Vallandigham

Clement Laird Vallandigham - United States - 1864 - 586 pages
...declarations to be proven, under the rule that, in questions of boundary, hearsay is evidence. ******* From necessity, we have in this instance sacrificed...principles upon which the rules of evidence are founded." The same doctrine is held in New Hampshire, Connecticut, Pennsylvania, South Carolina, Kentucky, and...
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A Treatise on the Law of Evidence, Volume 1

Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...It is the well-established law of this state. And if the propriety of the rule was now res interim, perhaps the necessity of the case, arising from the situation of our countrj', and the want of self-evident termini of our lands, would require its adoption. For, although...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
..."It is the well established law in this State. And if the propriety of the rule was now res integra, perhaps the necessity of the case, arising from the...principles upon which the rules of evidence are founded." BLAND ». BEASLEY. While such testimony is thus received of necessity, it should be confined to the...
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A Treatise on the Law of Boundaries and Fences: Including the Rights of ...

Ransom Hebbard Tyler - Boundaries (Estates) - 1876 - 604 pages
...It is the well-established law of this State. And if thu propriety of the rule was now res Integra, perhaps the necessity of the case, arising from the...principles upon which the rules of evidence are founded " (Den d. Sasser v. Herring, 3 Devereaux' Law 2?., 340 ; and vide Den d. Tate v. Southard, 1 Ilawki...
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Ecclesiastical Law and Rules of Evidence: With Special Reference to the ...

William J. Henry, William Logan Harris - Ecclesiastical law - 1879 - 534 pages
...It is the well established law of this State, and if the propriety of the rule was now res integrn, perhaps the necessity of the case, arising from the...situation of our country and the want of self-evident terminal points of our lands, would require its adoption, for it oftentimes leads to the establishment...
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A Treatise on Real Property Trials ...

William Henry Malone - Real property - 1883 - 824 pages
...It is the veil-established law of this State. And if the propriety of the rule was now res Integra, perhaps the necessity of the case, arising from the...although it sometimes leads to falsehood, it more ofien tends to the establishment of truth. From necessity we have in this instance sacrificed the principles...
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The American Reports: Containing All Decisions of General ..., Volume 60

Isaac Grant Thompson - Law reports, digests, etc - 1888 - 974 pages
...from the situ itioo of our country, and the want of self evident termini of our lands, woui . quire its adoption. For although it sometimes leads to falsehood,...principles upon which the rules of evidence are founded." Wharton essays rather fancifully to reconcile the conflict of decision between this country and England,...
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A Treatise on the Law of Evidence, Volume 1

Simon Greenleaf - Evidence (Law) - 1892 - 888 pages
...It is the well-established law of this State. And if the propriety of the rule was now res integra, perhaps the necessity of the case, arising from the...our country, and the want of self-evident termini of onr lands, would require its adoption. For, although it sometimes leads to falsehood, it more often...
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A Treatise on the Admissibility of Parol Evidence in Respect to Written ...

Irving Browne - Evidence (Law) - 1893 - 608 pages
...such evidence competent, upon authority, says: "And if the propriety of the rule was now res integra, perhaps the necessity of the case, arising from the...principles upon which the rules of evidence are founded." In Tucker v. Smith, 68 Tex. 473, the court say: "It is well settled by our decisions that the declarations...
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