 | James Hill - Trusts and trustees - 1845 - 704 pages
...actual notice of a trust, if such a notice be properly proved (z). Constructive notice in its nature is no more than evidence of notice. the presumptions...which are so violent, that the court will not allow (o) Millar ft case, 2 Freem. 43 j Finch v. Earl of Wtnehelita, 1 P. Wms. 278, 9j 1 Cruis. Dig. Tit.... | |
 | John Jane Smith Wharton - Law - 1848 - 726 pages
...either verbal or written, to the person to be affected thereby; or contlructiee, which in its nature is no more than evidence of notice, the presumptions...which are so violent, that the court will not allow of its being eren controverted. It is difficult to say what nil! amount to a constructive notice. Notice... | |
 | Georgia. Supreme Court - Equity - 1854 - 862 pages
...notice. (Powell on Mortg. 561, 662. 16 Vin, Abr. 2. 4 Ke.nt Com. 172.) Again, constructive notice is held to be, " In its nature, no more than evidence of notice, the presumption of which is BO violent, that the Court will not allow of its being controverted.*'1 (3... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 728 pages
...Gree.nshleldx, 9 Moore's PCC 36. 2d. An to conxtructivf nvtice. — Constructive notice is defined to be in its nature no more than evidence of notice, the presumption of which is so violent, that the Court will not even allow of its being controverted :... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1861 - 694 pages
...court Scoles v. Wilsey et al. Hornish $ Fulton^ for the appellants. 1. Constructive notice is defined to be in its nature no more than evidence of notice, the presumption of which is so positive that the court will not even allow it to be controverted. Plumb... | |
 | Joseph Henry Dart - Conveyancing - 1871 - 788 pages
...(which, in its general effects, is similar Chap. XV. to actual notice (rf).) has been defined to be, " evidence of — — notice, the presumptions of which are so violent that the notice— ° "e Court will not allow even of its being controverted " (e ). This, naturo of' perhaps,... | |
 | John Barbee Minor - Common law - 1877 - 1150 pages
...al, 1 Vern. 364-'5.) 2r. What amounts to Constructive Notice. Constructive notice in its nature is no more than evidence of notice, the presumptions of which are so violent that they are not allowed to be controverted; but it is difficult to define more particularly what amounts... | |
 | William Pratt Wade - Notice - 1878 - 724 pages
...Possession of Deeds. §37. Definitions. — Constructive Notice is defined by Chief Baron EYRE, as ''in its nature, no more than evidence of notice,...which are so violent that the court will not allow of its being controverted."1 Judge STORY defines it as " knowledge imputed by the court on presumption,... | |
 | John Norton Pomeroy - Equitable remedies - 1882 - 844 pages
...note. 2 Thus the English editor of the Equity Leading Cases, says: "Constructive notice is defined to be in its nature no more than evidence of notice, the presumption of which is so violent that tlie court will not even allowof its being controverted ; "... | |
 | William Henry Malone - Real property - 1883 - 824 pages
...constructive " notice. Definition. — Says Chief Baron Eyre : " Constructive notice, in its nature, is no more than evidence of notice, the presumptions...which are so violent that the court will not allow of its being controverted."! The great American commentator on equity has said of "notice:" "Knowledge... | |
| |
Constructive notice is defined to be in its nature no more than evidence of notice, the presumption of which is so violent that the court will not even allow of its being controverted. 
