An Essay On the New Statutes Relating to Limitations of Time Estates Tail Do
An Essay On the New Statutes Relating to Limitations of Time Estates Tail Do
Edward Burtenshaw Sugden
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Was it not the meaning of the act to leave the law of inheritance in such j^arts as were plain absolutely as it was found, and only to alter it where it was doubtful? Just observe what was the purview : " To the intent that the pedigree may never be carried further back than the circumstances of the case and the nature of the title shall require, " — that was the general object stated in distinct words, — " the person last entitled to the land shall, for the purposes of this act, be considered ...to have been the purchaser thereof, unless it shall be proved that he inherited the same. " There the act was speaking of what ought to be the rule in cases where the thing was doubtful ; but wdiere the thing was so plain that nobody could doubt, you must make it consistent ; and if you see an act was passed to make the thing clear, do not say that the act was to make it doubtful. On looking through the act, that portion of the 2d section appeared to be so plain to him that he should not send the case to law, although he had in the first instance intimated that it would be necessary to do so.
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