Reports of Cases Argued an Determined in the Supreme Court of New South Wales Volume 4

Reports of Cases Argued an Determined in the Supreme Court of New South Wales Volume 4

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...(the presentment and dishonour of the bill having only been in September 1841), that the mortgage was not executed in the same month. But, fourthly, the attesting witness to the execution, now a barrister, happened to have himself prepared the draft; and he not merely swore, but showed conclusively, that such draft_itself did not existuntil 1842. This paper was produced in evidence, and I have it now before me. The document comprises, in fact, twelve drafts--prepared in one common form. They run in regular sequence, written alternately in red and black ink, and the first in order is dated June 1842. The third is dated 12th June, 1842. The fourth is Lang s to Bryant and filled in--exactly as in the engrossment, where the date evidently was contemporaneously copied--as 3rd September, 1841, while the next two drafts are dated respectively 1842, and 30th September, 1842. The common form itself, the model for all the drafts, is marked 1842. V Lastly, there is the evidence supplied by the abstract of title. The witness added, that he must have prepared this mortgage (the pla.intifl"s title being recited in it), from some abstract furnished_for the purpose. Such an abstract was produced, from the oflice of Mr. Bryainfs then solicitor, now deceased, having his handwriting on the document; and a solicitor, at that time a clerk to the Loan Company, or to the trustees representing them, swore that he prepared that abstract of title in July, 1842. And the document bears internal evidence, that it could not have existed at an earlier period; for two deeds are there mentioned, the stated execution and registration of which are the 21st May and 19th-Tuly, respectively, in that year. It is thus demonstrated, that the mortgage in question was not...
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Product details

  • Paperback | 196 pages
  • 189 x 246 x 11mm | 358g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236608852
  • 9781236608857