A General Abridgment of Law and Equity: Alphabetically Digested Under Proper Titles : with Notes and References to the Whole, Volume 12

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G.G.J. and J. Robinson, 1792 - Law reports, digests, etc

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Page 205 - ... upon any agreement that is not to be performed within 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, or some other person thereunto by him lawfully authorized.
Page 218 - In case of a river that flows and reflows, and is an arm of the sea, there prima facie it is common to all : and if any...
Page 216 - That, after earnest given, the vendor cannot sell the goods to another without a default in the vendee; and therefore, if the vendee does not come and pay and take the goods, the vendor ought to go and request him ; and then, if he does not come and pay, and take away the goods in convenient time, the agreement is dissolved, and he is at liberty to sell them to any other person.
Page 224 - CJ if a libel appears under a man's hand-writing, and no other author ia known, he is taken in the manner, and it turns the proof upon him ; and if he cannot produce the composer, it is hard to find that he is not the very man.
Page 82 - Ancient deeds proved to have been found amongst deeds and evidences of land, may be given in evidence, although the execution of them cannot be proved; and the reason given is, 'that it is hard to prove ancient things, and the finding them in such a place is a presumption they were fairly and honestly obtained, and reserved for use, and are free from suspicion of dishonesty.
Page 179 - ... armis, I need not request him to be gone, but may lay hands on him immediately; for it is but returning violence with violence. So if one comes forcibly and takes away my goods, I may oppose him without any more ado, for there is no time to make a request.
Page 72 - that, in debt for rent, upon nil debet pleaded, the statute of limitations may be given in evidence, for the statute has made it no debt at the time of the plea pleaded, the words of which are in the present tense.
Page 253 - Two tenants in common of a tree, and one cuts the whole tree ; though the other cannot have an action for the tree, yet he may have an action for the special damage by this cutting ; as where one tenant in common destroj-s the whole flight of pigeons.
Page 218 - HAS a chamber adjoining to the chamber of B. and has a door that opens into it, by which there is a passage to go out ; and A. has another door, which C. stops, so that A. cannot go out by that. This is no imprisonment of A. by C. because A. may go out by the door in the chamber of B. ; though he be a trespasser by doing it. But A. may have a special action upon his case against C.
Page 132 - ... reason to scrutinize the testimony of the witness. The evidence is, therefore, brought within the principle of the common-law rule. But furthermore, the provision of the Code ( 830) is explicit that where a party has died since the trial of an action, the testimony of the decedent, taken or read in evidence at the former trial, may be given in evidence at a new trial, by either party, subject to certain objections, etc., and it imposes no condition that the witness shall have been cross-examined,...

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