The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 44

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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. 1900 edition. Excerpt: ...would have done; if he afterwards filed his bill for a discovery of the fraud, and made the first mortgagee a party to the bill, unless the latter made a perfect discovery of those facts, how could a court of equity administer R.R.--voL. XLVII. 27 justice without calling upon him to produce the deed? The second mortgagee might say to the first incumbrancer, " When I advanced my money, 5,000l. was represented to be due to you, and now it turns out to be 10,000l.: there must be some collusion between you and the mortgagor, and I desire discovery." It is possible, therefore, to suppose a case where a court of equity would call upon a party to disclose that deed from which evidence of the fraud might be obtained. In the present case I do not see in what way a court of equity could relieve the plaintiff, unless the deed were brought into Court; and as it must be produced at some time or other, why not before the hearing? It was said by M1." Romilly that no imputation of fraud rests against the defendant Latimer. Is that so? He denies fraud generally; but the question is, whether the facts on which the allegation of fraud is founded are denied. The important question is, whether Latimer is bomifide preventing the Duke of Marlborough from having the personal enjoyment of the goods and chattels at Blenheim, the possession of which by the Duke is a badge of fraud as between him and Latimer. The possession of goods not going with the title, has always been admitted as a badge of fraud. That has been evaded in this case by putting a person in possession. Why is that person in possession of the goods at Blenheim, except for the purpose of saying 'that the Duke is not in possession? But the Duke has the substantial benefit more

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  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • United States
  • English
  • black & white illustrations
  • 1236784359
  • 9781236784353