| 1869 - 972 oldal
...time when the second marriage was contracted. The legislature by this proviso sanctions a presumption that a person who has not been heard of for seven...a presumption arises that he is still living. That we have said is always a question of fact. Being of opinion upon this point that this conviction must... | |
| Patrick Brady Leigh - 1838 - 774 oldal
...member of his family; it was held to be primd facie evidence of the death of such tenant.1' But though a person who has not been heard of for seven years is presumed in law to be dead, there is no legal presumption as to the time of his death. The fact of... | |
| Joseph Tate - 1841 - 992 oldal
...second marriage is illegal, if the first wife or husband be alive. Fenton v. Reed, 4 Johns. R. 52. A person who has not been heard of for seven years, is presumed to be dead, but there is no legal presumption ая to the time of his death. The fact of his... | |
| John Pitt Taylor - 1848 - 764 oldal
...2, c. 6, S 2. 128 PRESUMPTIONS AS TO CONTINUANCE OF LIVE. analogy, in other cases (r). But although a person, who has not been heard of for seven years, is presumed to be dead, the law raises no presumption as to the time of his death : if, therefore, it... | |
| Great Britain. Court of Chancery, Charles Beavan - 1858 - 712 oldal
...question is whether he died before January, 1850. That is the sole question. The ordinary presumption, that a person who has not been heard of for seven years (c) would apply, if there were nothing else on the subject. The evidence which exists is that of Dr.... | |
| John Bruce Norton - 1859 - 638 oldal
...proof cannot be shifted by pleading that the party is not alive. See Doe v. Nepean.W Thereit waa held that " A person who has not been heard of for seven years, is presumed to be dead, but there is no legal presumption as to the time of his death. The fact of his... | |
| John Bruce Norton - 1865 - 666 oldal
...proof cannot be shifted by pleading that the party is not alive. See Doe \. Nepean.to There it was held that " A person who has not been heard of for seven years, is presumed to be dead, but there is no legal presumption as to the time of his death. The fact of his... | |
| John Bruce Norton - 1869 - 646 oldal
...proof cannot be shifted by pleading that the party is not alive. See Doe v. Nepean.W There it was held that " A person who has not been heard of for seven years, is presumed to bo dead, but there is no legal presumption as to the time of his death. The fact of his... | |
| Samuel Robinson Clarke - 1872 - 778 oldal
...time when the second marriage was contracted. By this proviso, the Legislature sanctions a presumption that a person who has not been heard of for seven...proviso affords no ground for the converse proposition, — namely, that when a person has been seen or heard of within seven years, a presumption arises that... | |
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