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" It is a general principle that the party who sets up a title must furnish the evidence necessary to support it. If the validity of a deed depends on an act in pais, the party claiming under that deed is as much bound to prove the performance of the act... "
Reports of Cases Argued and Determined in the Supreme Court: And in the ... - Page 90
by Esek Cowen, New York (State). Supreme Court - 1837
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 4

United States. Supreme Court - Law reports, digests, etc - 1819 - 816 pages
...contesting it can show that the officer failed to perform his duty. It is a general principle,'that the party who sets up a title must furnish the evidence necessary to sup- , port it. If the validity of a deed depends on an act in pais, the party claiming under that...
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A Treatise on the Law of Evidence, Volume 1

Samuel March Phillipps - Evidence (Law) - 1820 - 838 pages
...lSalk.280. •it ing 1 Salk. 281. (a) It is a general principal that a party who tots up title muit furnish the evidence necessary to support it*. If the validity of a deed depends upon an act in finis, the party claiming under that deed is as much bound tn prove the performance...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 4

Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...opinion of the Court. In his own clear and strong manner, he says, " It is a general principle, that the party who sets up a title, must furnish the evidence...party claiming under that deed, is as much bound to prove the performance of that act, as he would be bound to prove any matter of record on which its...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 4

Vermont. Supreme Court - Law reports, digests, etc - 1833 - 660 pages
...failed to per- R_oTi.«wn, * ! January, form his duty." 1832. " It is a general principle, that the party who sets up a title must furnish the evidence...party claiming under that deed is as much bound to prove the performance of the act, as he would be bound to prove any matter of record on which its validity...
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Documents of the Senate of the State of New York, Volume 2

New York (State). Legislature. Senate - Government publications - 1834 - 510 pages
...case in 7 Wendell, 148, in which this same title came in question; " It is a general rule that the party who sets up a title, must furnish the evidence...party claiming under that deed is as much bound to prove, it, as any matter of record on which its validity might depend. It forms a part of his title;...
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Reports of Cases at Law and in Equity, Argued and Determined in ..., Volume 5

Alabama. Supreme Court - Law reports, digests, etc - 1844 - 896 pages
...with an interest, the law requires that every pro-requisite to its exercise should precede it. The party who sets up a title must furnish the evi•dence necessary to support it; and if the validity of a deed depends on an act in pats, the party claiming under it is bound to prove...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 7

Indiana. Supreme Court, Isaac Newton Blackford - Law reports, digests, etc - 1847 - 688 pages
...to, the Supreme Court of the United States held this language : " It is a general principle, that the party who sets up a title must furnish the evidence...party claiming under that deed is as much bound to prove the performance of the act, as he would be bound to prove any matter of record on which its validity...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 9

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1852 - 740 pages
...the notice required by the act of 1819. In that case the court said, " It is a general rule that the party who sets up a title must furnish the evidence...depends on an act in pais, the party claiming under it VOL. IX. 54 Leggett v. Roger*. is as much bound to prove the performance of the act as he is bound...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Volume 2

Richard Peters - Law reports, digests, etc - 1860 - 792 pages
...marshal to claim his poundage fees from them, is thereby clearly established. Hid. MARSHAL'S DEED. 1. The party who sets up a title must furnish the evidence necessary to sustain it. If the validity of a deed depends on an act in pais, the party who claims under it is as...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - Conveyancing - 1861 - 718 pages
...coupled with an interest, that every prerequisite to the exercise of the power should precede it. The party who sets up a title must furnish the evidence...depends on an act in pais, the party claiming under it is as much bound to prove the performance of the act, as he would be bound to prove any matter of...
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