Reports of Cases Volume 16

Reports of Cases Volume 16

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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. 1890 edition. Excerpt: ...of consideration is of no consequence if Jones was in a condition to judge for himself: Harrison v. Guest.' His state of mind at the time the bargain was made is, therefore, a material consideration in the case; and, in my opinion, the deed cannot stand as an absolute conveyance, unless Jones has done some act to C0115-rm it. A number of cases were cited on the question of acquiescenceThe general principle is thus stated by the Loan CHANCELLOR in 1 31 Beav. 80. I L. R. 2 Chan. 55. '6 D. M. & G. 424; 2 Jur. N. S. 911. 3 14 Ves. 272. 2 Phil. 123. stands by and sees another dealing with the property in a manner inconsistent with that right, and makes no objection while the act is in progress, he cannot afterwards complain.' But to bind a party by acquiescence, it must be shown that he was in a condition to object; that he had full knowledge of his rights; and was capable of acting for himself. In the case of The Life Association of Scotland v. Siddul, ' where one of the questions was whether a cestuiquc trust had acquiesced in a breach of duty by the trustee, TURNER, L. J., said, ' Acquiescence imports knowledge; for I do not see how a man can be said to have acquiesced in what he did not know; and in cases of this sort I think that acquiescence imports full knowledge, for I take the rule to be quite settled that a cestui qua trust cannot be bound by acquiescence, unless he has been fully informed of his rights, and of all the material facts and circumstances of the case.' In the present case, the defendants rely on the payment of rent by Jones after the 1st August, 1869, when the two years had expired, during Which, by the terms of the agreement, he was to occupy a Part l the property rent free. Some time...
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236774310
  • 9781236774316