 | Law - 1885 - 548 pages
...presumption either that the claimant was conscious it was satisfied or intended to relinquish it."(5) "The rule of presumption, when traced to its foundation,...determined, until time has involved them in uncertainty aud obscurity, and then ask for an inquiry. Justice cannot be satisfactorily done when parties and... | |
 | Law reports, digests, etc - 1919 - 1124 pages
...also quoted from the opinion of Justice Sergeant in Foulk v. Brown, 2 Watts (Pa.) 209, as follows: "The rule of presumption, when traced to its foundation,...ought to be permitted to lie by whilst transactions oan be fairly investigated and justly determined, until time has involved them in uncertainty and obscurity,... | |
 | Law reports, digests, etc - 1887 - 972 pages
...years all evidences of debt excepted out of the statute of limitations are presumed to be paid. This is a rule of convenience and policy, the result of a necessary regard for the peace and security of society. Where a bill in equity ia ao framed as to present the objection,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1891 - 1060 pages
...when traced to its foundation, is said to be a rule of convenience and policy, — the result of the necessary regard to the peace and security of society....has involved them in uncertainty and obscurity, and ask for an inquiry. Justice cannot be satisfactorily done when parties and witnesses are dead, vouchers... | |
 | Law reports, digests, etc - 1891 - 1148 pages
...when traced to its foundation," is said to be "a rule of convenience and policy, — the result of the necessary regard to the peace and security of society. No person ought to be permitted to He by whilst transactions can be fairly investigated and justly determined, until time has involved... | |
 | John Davison Lawson - Contracts - 1893 - 676 pages
...Co., 91 Ü. 8. 526; Gay, 73 111. 415. Stowell r. Chamberlain, 60 X. Y^ 272. policy the result of u necessary regard to the peace and security of society....has involved them in uncertainty and obscurity and theu ask for an inquiry. Justice cannot be satisfactorily done when parties and witnesses are dead,... | |
 | Law reports, digests, etc - 1894 - 1096 pages
...the performance of a covenant;" and he quotes from Foulk v. Brown, 2 Watts, 210, this approval of it: "The rule of presumption, when traced to its foundation,...by, whilst transactions can be fairly investigated aud justly determined, until time has involved them in uncertainty and obscurity, and then Ask Cor... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1894 - 1110 pages
...the performance of a covenant"; and he quotes from Foulk v. Brown, 2 Watts, 216, this approval of it: "The rule of presumption, when traced to its foundation,...of society. No person ought to be permitted to lie * Cox r. RROWEB. by whilst transactions can be fairly investigated and justly determined until time... | |
 | Burr W. Jones - Civil procedure - 1896 - 718 pages
...continuance of the debt.3 The rule that payments of debts may be presumed from the lapse of time is one of convenience and policy, the result of a necessary regard to the peace and security of society. "Justice cannot be satisfactorily done when parties and witnesses are dead, vouchers lost or thrown... | |
 | John Davison Lawson - History - 1899 - 820 pages
...when not rebutted, the jury is bound to draw a conclusion, though the court can not.' Again, he says: 'The rule of presumption, when traced to its foundation,...convenience and policy, the result of a necessary regard for the peace and security of society. Justice can not be satisfactorily done when parties and witnesses... | |
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The rule of presumption, when traced to its foundation, is a rule of convenience and policy, the result of a necessary regard to the peace and security of society. 
