The Technology of Law : a Condensus of Maxims, Leading Cases And Elements of Law. Leading Questions And Propositions of the Law Adjusted to Its Technics ...

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240.
Pleading; Double defenses; Several pleas- These were first admit- ted by statute of 4 Anne Ch. 16. See Steph. PI. p. 262, Tyler's ed.
Perjury: Inconsistent and contradictory defenses are perjury if verified. Note 70 Am. Dec. 637; sub Humphreys v. McCall; Sturges v. Burton; State v. Oag'e.
AUegrans contraria non est audiendus, should be applied in all cases where pleadings are false. Falsehood should not be tolerated upon a record. Falsus in uno, falsus in omnibus, is applicable in all case
...s.
Bell V. Morrison (1828), 1 Pet. 351-375.
Limitations; New promise; Acknowledgments: Itevival of debts barred by the statute of limitations, may be by a new promise, which may be express or arise by " act and operation of law." Acta exte- riora indicant interiora secreta; "Acts indicate the intention.'' Tan- ner T. Smart; Whitcomb v. Whiting; Vigilantibus et non dormi- entibus jura subveniuut.
Bell T. Twilight (1846), 18 N. H. 159; S. C, 45 Am. Dec. 367.
Assignments: Assignatus utitur jure auctoris; "An assignee is clothed with the rights of his principal." Purchaser with notice: Purchaser with notice, from an innocent purchaser without notice, of a prior unrecorded conveyance, is pro- tected by the innocence and want of notice in his grantor.


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