Evidence And Practice At Trials in Civil Cases

Cover Evidence And Practice At Trials in Civil Cases
Evidence And Practice At Trials in Civil Cases
R E Rupert Etherege Kingsford
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M'Morine, 6 M. & W. 200. When a subscrib- ing witness is dead proof of the handwriting of such witness is evidence of everything on the face of the paper which imports to be sealed by the party: Adam v. Kerr, 1 B. & P. 361. Where the party named has acted under the deed, it will be presumed as against him to have been executed by him, although the seal has no signa- ture annexed: and an attestation for signature is not necessary to the execution of a deed unless it be under a power which requir...es it: Cherry v. Heminff, 4 Exch. 631. In the delivery of a deed no Delivery. Particular form is necessary. In general an agent to deliver a deed must be authorized by deed : Berkeley v. Hardy, 8 D. & Ry. 102. A deed executed by a marksman may be proved by a person who Marksman has seen the party make his mark, and can speak as to its pecu- liarities: Gcon/c v. Surrey, M. & M. 516. - Tf the deed after sealing he tendered to the covenantee, and he expressly rejects it and re- fuses to take any benefit from it, tl, is incomplete: Xenon v.

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