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" It is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt from lapse of time, but to afford security against stale demands, after the true state of the transaction may have been forgotten, or be incapable of... "
The Proceedings of the Court Convened Under the Third Canon of 1844, in the ... - Side 140
av Benjamin Tredwell Onderdonk - 1845 - 349 sider
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1832 - 660 sider
...presumption of payment of a just debt, from lapse of time ; but to afford security against state demands, after the true state of the transaction may have been forgotten. or bo incapable of explanation, by reason of the death or removal of witnesses." If the bar of the statute...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, in ..., Volum 4

Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 sider
...presumption of payment of a just debt, from lapse of time, but to afford security against stale demands, after the true state of the transaction may have been...every honest effort to counteract or overcome them." Judge STORY, ( 1 Peters's Rep. 360.) " In the modern cases, the statute has been considered as entitled...
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Reports of Cases at Law and in Equity, Argued and Adjudged in the ..., Volum 2

Alabama. Supreme Court, Benjamin Faneuil Porter - 1836 - 602 sider
...presumption of payment of a just debt, from lapse of time ; but to afford security against stale demands, after the true state of the transaction may have been forgotten, or become incapable. of explanation, by reason of the death or removal of witnesses ; that, therefore,...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 8

Vermont. Supreme Court - 1837 - 534 sider
...presumption of payment of a just debt from lapse of time ; but to afford security against stale demands, after the true state of the transaction may have been...explanation by reason of the death or removal of witnesses." — Justice Story, in J5e// vs. Morrison et al. 1 Pet. R. 360. The opinion of the court was delivered...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 3

Georgia. Supreme Court - 1848 - 712 sider
...presumption of payment of a just debt from lapse of time, but to alford security against stale demands, after the true state of the transaction may have been...removal of witnesses. It has a manifest tendency to produco speedy settlements of accounts, and to suppress those prejudices which mny rise up at a distance...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 sider
...presumption of payment of a just debt, from lapse of time, but to afford security against stale demands, after the true state of the transaction may have been forgotten, or become incapable of explanation, by the death or removal of witnesses.' (By Story, J., in Bell v. Morrison,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 1

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1852 - 560 sider
...presumption of payment of a, just debt, from lapse of time, but to afford security against stale demands, after the true state of the transaction may have been...explanation by reason of the death or removal of witnesses. 2 Greenl. Ev. sec. 440, p. 354. This is tho language of Mr. Justice Story, in Bell v. Morrison, 1 Peters'...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1852 - 616 sider
...presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state of the transaction may have been...of explanation by reason of the death or removal of witnesses."3 Sir Wm. Blackstone also remarks, that, in all possessory actions, there is a time of limitation...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volum 2

Asa Kinne - 1852 - 736 sider
...presumption of payment of a just debt, from lapse of time, but to afford security agaiast stale demands, after the true state of the transaction may have been...be incapable of explanation, by reason of the death of witnesses. — Bell v. Morison, 1 Peters' SC Rep., 860. Wetzell v. Bustard, 1 1 Wheaton, 309. Hie...
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Lower-Canada Reports

1854 - 548 sider
...presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state of the transaction may have been...of explanation by reason of the death or removal of the witnesses." Again Starkic on Eridence, Vol. 2, s. 894, " Limitations," says: " The Statute of limitations...
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