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" If it is a mere written agreement, solemn or otherwise, still, while it exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been... "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Side 282
av Alabama. Supreme Court - 1898
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Commentaries on Equity Jurisprudence, as Administered in England ..., Volum 1

Joseph Story - 1866 - 860 sider
...exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to...force as he can contest it at the present moment.* § 700 a. But where the illegality of the agreement, deed, or other instrument appears upon the face...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volum 1

Joseph Story - 1870 - 948 sider
...exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to...claim may have been lost, or obscured ; or when the olher party may be disabled from contesting its validity with as much ability and force as he can contest...
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Albany Law Journal, Volum 30

1885 - 550 sider
...still while it exists it is always liable to be applied to improper purposes, and it may be litigated at a distance of time when the proper evidence to repel the claim may be lost or obscured, or when the other party may be disabled from contesting its validity with as much...
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The Principles of Equity: Intended for the Use of Students and the Profession

Edmund Henry Turner Snell - 1872 - 640 sider
...exists it is always liable to be applied to improper purposes, and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been lost or obscured. 1 But where the illegality of the agree- But where the ment, deed, or other instrument appears upon...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volum 1

Joseph Story - 1873 - 1008 sider
...he cannot have it set aside for fraud. Peak w. Laughlin, 49 Mis. 162. may be vcxatiously litigated at a distance of time, when the proper evidence to...ability and force as he can contest it at the present moment.1 § 700 a. But where the illegality of the agreement, deed, or other instrument appears upon...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 43

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 678 sider
...exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to...force as he can contest it at the present moment." Story Eq., sec. 700. At sec. 701 the same author says the doctrine is applied to forged instruments,...
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Commentaries on Equity Jurisprudence: Founded on Story

Sir Thomas Wardlaw Taylor - 1875 - 640 sider
...ezists, it is always liable to be applied to improper purposes; and it may be vexatiously litigated at a distance of time, when the proper evidence to...repel the claim may have been lost, or obscured^). 527. But where the illegality of the agreement, deed, or other instrument appears upon the face of...
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Commentaries on Equity Jurisprudence: Founded on Story

Sir Thomas Wardlaw Taylor - 1875 - 632 sider
...exists, it is always liable to be applied to improper purposes; and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been lost, or obscnred(e). 527. But where the illegality of the agreement, deed, or other instrument appears upon...
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Commentaries on Equity Jurisprudence, as Administered in England ..., Volum 1

Joseph Story - 1877 - 936 sider
...& C. 533; Marsh r. Brooklyn, 4 Thomp. & C. 413 ; 59 NY 280. So the it may be vexatiously litigated at a distance of time, when the proper evidence to...ability and force as he can contest it at the present moment.1 § 700 a. But where the illegality of the agreement, deed, or other instrument appears upon...
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The Principles of Equity: Intended for the Use of Students and the Profession

Edmund Henry Turner Snell, Archibald Brown - 1878 - 940 sider
...existed it was always liable to be applied to improper purposes, and it might be vexatiously litigated at a distance of time, when the proper evidence to repel the claim might have been lost or obscured (o). But where the illegality of the agreement, deed, or (ft. )_ When...
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