Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 37
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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 37

Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 37


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...Therefore, if there was any fraud in the procurement of the instrument, the fraud (lid not go to its validity; nor was there any breach of confidence in using such paper delivered for one purpose by fraudulently perverting it to another. It is reasoning in a circle to argue that fraud is made out when it is shown by oral testimony that the obligee, _contemporaneously with the execution of the bond, prom ised not to enforce it. Such a principle would nullify the rule, for, conceding that such an agreement is proved, or any other contradicting the written instrument, the party seeking to enforce the written instrument according to its terms would always be guilty of fraud. The true question is, was there any such agreement ? And this can only _be established by legitimate testimony. For reasons founded in wisdom and to prevent frauds and perjuries, the rule of the common-law excludes such o'ral testimony of the alleged agreement; and, as it can not be proved by legal evidence, the agreement itself, in legal contemplation, can not be regarded as existing in fact. Neither a court of law nor a court of equity can act upon the hypothesis of fraud where there is no legal proof of it. ALLEN, J., in Towner v. Lucas, 13 Gratt. 705-716. This bill, in its main purpose, takes for granted the forfeitnre of the Hays lease, and prays, among other things, to be relieved from such forfeiture. The period prescribed by the statute is twelve months, and the bill is brought within that time. Section 17, c. 93, p. 710, Code (Ed. 1891) reads as follows: Should the defendant, or other person for him, not pay the rent in arrear, with interest and costs, nor file a bill in equity for relief against such forfeiture, within twelve months after...


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Product Details
  • ISBN-13: 9781234229726
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 310
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1234229722
  • Publisher Date: 15 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 558 gr


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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 37
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