Paper And Addresses

Cover Paper And Addresses
Paper And Addresses
William Gilbert Davies
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" The present statutory provision in this State is as follows: "A person upon whose life an estate in real property de- pends, who remains without the United States, or absents himself in the State or elsewhere, for seven years together, is presumed to be dead, in an action or special proceeding concerning the property in which his death comes in question, 161 MYSTERIOUS DISAPPEARANCES AND unless it is affirmatively proved that he was alive within that time. " (Code of Remedial Justice, Sect. 8...41. ) This some- what vague language is defined by Chancellor Walworth in the case of McCartee vs. Camel, 1 Barbour Ch. R. 456, where he said, "When the person whose death is to be presumed is in fact within the United States and not technically beyond sea, ' absenting himself in this State or elsewhere ' must mean absenting himself from his last place of residence, in this State or in the United States, which was known to his family or his relatives who would be likely to know whether he was living; and from whom a party in the search of the truth would be likely to make inquiries.

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