 | William Selwyn - Nisi prius - 1812 - 700 pages
...husband disagreed to it; or that the bond was delivered as an escrow1; or that he was made to execute it when he was so drunk, that he did not know what he did*. But if the deed is voidable •only, as by reason of infancy or duress, in these, and the like cases,... | |
 | Francis Buller - Actions and defenses - 1817 - 684 pages
...would continue good against the others. — Law of Evid. 111. (a) The defendant may give in evidence, that they made him sign it when he was so drunk, that he did riot know what he did, (or that he was a lunatic at the time. (Cole v. Robins, H. 2 Ann. per Ifolt,... | |
 | William Selwyn - Nisi prius - 1817 - 728 pages
...husband disagreed to it ; or that the bond was delivered as an escrow b ; or that he was made to execute it when he was so drunk, that he did not know what he didc. But if the deed is voidable only, as by reason of infancy or duress, in these, and the like cases,... | |
 | Henry Ballow, John Fonblanque - Equity - 1820 - 492 pages
...shewing, that upon non est factum, defen^ dant may give in evidence, that they made him sign the bond when he was so drunk that he did not know what he did. «8 A TREATISE OF EQUITY. [Book L thing concerning him. However, equity (f), (4) HfA v• as it seems,... | |
 | Henry Maddock - Common law - 1820 - 788 pages
...Ves. case." Stockley v. Stofkley, 18 12. Ves. 30, 31. (t) Cory and Cory, 1 Ves. p. him sign the Bond when he was so drunk that he did not know what he did (,r). So, a Will made by a drunken Man is invalid (#). And will a Court of Equity be less indulgent... | |
 | Anthony Highmore - Forensic psychiatry - 1822 - 224 pages
...justice Holt held that a person might shew, in opposition to the validity of a bond, that he was made to sign it when he was so drunk that he did not know what he did.(»/) They have, however, been deemed capable of purcha(s) Sugdei) 87. 1 Ves. 82. (x) 2 Vern. 189. (*) 1... | |
 | William Selwyn - Nisi prius - 1831 - 774 pages
...disagreed to it ; or that the bond wasdelivere as an escrow™; or that he was made to execute ituvhen he was so drunk, that he did not know what he did"! But il ijhe deed is voidable only, as by reason of infancy OT duress], jn these and the like cases,... | |
 | Jacob D. Wheeler - Common law - 1835 - 632 pages
...Strange, 1104. Justice Buller, in referring to the same case, says, "the defendant may give in evidence that they made him sign it, when he was so drunk that he did not know what he did ;" Bui. JVm Prius, 172. In the case of Pitt v. Smith, 3 Camp. Rep. 33, Ld. Ellenborough permitted the... | |
 | William Selwyn - Nisi prius - 1861 - 840 pages
...execution, or, that the bond was delivered as an escrow, or, that the defendant was made to execute it when he was so drunk that he did not know what he did, must be pleaded specially. It is not now necessary to make profert of any deed mentioned or relied... | |
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At law it has been held that upon non est factum the defendant may give in evidence that they made him sign the bond when he was so drunk that he did not know what he did. 
