The Law Library Volume 58

The Law Library Volume 58

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1847 edition. Excerpt: ...presumption made by the French law. Vhere an individual has not been heard of for a number of years, it is the practice of the Courts of Law to presume his death after seven years, in analogy, as it should seem, to the statute of 19 Car. 2, c. 6. See Doe v. Jesson, 6 East, 81; Doe v. Deakin, 4 B. & Ald. 433; Doe d. Knight v. Nepean, 5 B. & Adol. 86. The above statute applies to those persons for whose lives estates have been granted or demised, and who remain beyond sea or absent themselves for seven years, no sufficient proof being adduced of their being in existence, and who are thereupon presumed to be dead. Courts of Equity have also admitted this presumption of death in certain cases. In one case, after twenty years, where nothing had been heard of the party. Bailey v. Hammond, 7 Ves. 590; and see Dixon v. Dixon, 3 B. C. C. 510. In another case, after fourteen years, Lee v. Willock, 6Ves. F467 605; and in a third, after sixteen years, 5 Ves. 458. iScarcely any length of time would, however, be sufficient to compel an unwilling purchaser to take a title depending upon such a presumption of death, unless made with reference to the age of the party said to be deceased; and if the party whose death is asserted was when last heard of very young, the period must be that beyond which human life does not commonly extend, or under circumstantial proof equally strong. But if the point to be proved or rather to be presumed is death without issue, it is questionable whether a Court would, as against a purchaser, ever make the presumption within the period of sixty years. The same principle applies both in cases of heirship and of survivorship. Long acquiescence, or apparent acquiescence, by those whose interests are or might be adverse more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236808525
  • 9781236808523