Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 9

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 9

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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. 1886 edition. Excerpt: ...recollection concerning its stipulations, ought to supply the place of the written instrument itself, but that the substance of the agreement ought to be proved satisfactorily." Tayloe v. Riggs, 1 Pet. 591 to 600. And again, "the proof of the contents of a lost paper ought to be, the best the party has in his power to produce, and at all events, such as to leave no reasonable doubt as to the substantial parts of the paper." Renner v. Bank of Columbia, 9 Wheat. 581 to 700. The legal title to real estate, in this state, is transferred by deed, and vests on delivery of the deed, and a subsequent resale, accompanied by possession, and a surrender and cancellation of the original deed, will not revest the legal title, and can only be considered as a contract to sell. Orth v. Jennings, 8 Blackf. 420. f 2) Mr. Hannegan, for the appellee, cited authorities to the following points: "A memorandum on the margin of a promissory note, made at the time of signing, will be considered as a part of the note, if it contain an important qualification of the contract." Fletcher v. Blodgett, 16 Vt. 26; Persons v. MeKibben, 5 Ind. 261; Byles on Bills, p. 71; Story on Prom. Notes, p. 27, sec. 24. "When a person enters for a condition broken, the estate becomes void ab 1'-nitio, the person who enters is again seized of his original estate, in the same manner as if he had never conveyed it away." 1 Greenl. Cruise, tit. 13, p. 44. "If the condition has been performed in part, by the payment of money, and the grantor enters for breach of the residue, whatever was previously paid he may retain, but he can not demand further performance after taking back the land." Frost v. Frost, 11 Me. (2 Fairf.) 235. And see...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236948688
  • 9781236948687