The Weekly Reporter; Appellate High Court Volume 2

The Weekly Reporter; Appellate High Court Volume 2

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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. 1891 edition. Excerpt: ...period. The kubooleuts do not even attempt to give anything in the shape of metes or bounds to the land to which they relate. And the witnesses do not carry the case any higher. Two of them, while they speak to the fact of the diluviation and the subsequent re-formation, do so in very general terms, and do not tell us anything about the occupation or ownership of the diluviated land previous to the catastrophe. They say, indeed, somewhat vaguely that the plaintiffs took possession immediately on the re-formation, and retained that possession until they were ousted by the defendants; but, even if we could rely upon this evidence, given as it is without the slightest circumstantiality of time, place, or occurrence, and in words singularly nearly coincident with those of the plaint, we think that we cannot, from mere priority of occupation of the chur, presume that the land, which before the diluviation was on the same site as the chur now is, belonged to the plaintiffs' ancestor; and, unless we do this, we cannot find the issue before us in favor of the plaintiffs, who, we may remark, can only recover in this suit upon the strength of their own title, and can receive no aid from the weakness of their opponents. This case No. 213 must also be dismissed. In No. 214, the two pleaders retained by the appsllant said that they had as yet received no instructions from their client. The appellant's mooktear was at the time standing behind them, and attempted to give them some information on the spot, but we refused to allow the time of the Court and other suitors to be wasted by a proceeding of this kind, and, as the appeal was filed as far back as the 5th of September last, we declined to postpone the case: we were, therefore, obliged to dismiss it for...show more

Product details

  • Paperback | 474 pages
  • 189 x 246 x 24mm | 839g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236641582
  • 9781236641588