 | Richard Preston - Conveyancing - 1809 - 296 pages
...nihil *' tam conveniens est naturali cequitati, " quodque dissolvi eo ligamine quo ligatum est, " Also, it would be inconvenient that matters " in writing made by advice and on considera" tion, and which finally import the certain " truth of the agreement of the parties,should... | |
 | Samuel March Phillipps - Evidence (Law) - 1815 - 600 pages
...contradict, or vary, or add to, the terms of a deed (2). " It would be inconvenient," says Lord Coke, " that matters in writing made by advice and on consideration,...certain truth of the agreement of the parties, should be controuled by an averment of parties to be proved by the uncertain testimony of slippery memory; and... | |
 | Samuel March Phillipps - Evidence (Law) - 1816 - 746 pages
...contradict, or vary, or add to, the terms of a deed (2). " It would be inconvenient," says Lord Coke, " that matters in writing made by advice and on consideration,...agreement of the parties, should be controlled by an averment of parties to be prov(4) Brett v. Rigden, Plowd. Com. (2) Countess of Rutland's case, 345.... | |
 | Richard Preston - Conveyancing - 1817 - 600 pages
...nuturali aquitati, unumquodque dissolvi eo ligamine quo ligatum est. Also, it would be incon" venient that matters in writing made by " advice and on consideration,...truth of the " agreement of the parties, should be con" trolled by averment of the parties, to be " proved by the uncertain testimony of slip" pery memory... | |
 | Richard Preston - Conveyancing - 1825 - 596 pages
...ligamine quo " ligatum est. Also, it would be inconve" nient that matters in writing made by ad" vice and on consideration, and which finally " import the...agreement " of the parties, should be controlled by aver" ment of the parties, to be proved by the " uncertain testimony of slippery memory ; " and it... | |
 | Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - Law reports, digests, etc - 1825 - 496 pages
...consideration, and which finally import the certain agreement of the parties, should be contradicted by the averment of the parties, to be proved by the uncertain testimony of slippery memory." And this case furnishes an example of the uncertainty and danger of this kind of evidence, for the two... | |
 | Thomas Starkie - Evidence (Law) - 1826 - 708 pages
...564 ; 3 Atk. 8 ; 1 Wils. 34. Mease v. Mease, Cowp. 47. h would be inconvenient (observes Ld. Coke) that matters in writing, made by advice and on consideration,...the agreement of the parties should be controlled by an averment of parties, to be proved by the uncertain testimony of slippery memory ; and it would be... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 586 pages
...not have been absolutely necessary. " It would be inconvenient," says Lord Coke, "thatmatters Deeds, in writing, made by advice and on consideration, and...agreement of the parties, should be controlled by an averment of parties, to be proved by the uncertain testimony of slippery memory ; and it would be... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...furnishes better evidence than any which can be supplied by parol (9) : thus Chief Justice Popham(lO) says, "It would be inconvenient that matters in writing,...by advice and on consideration, and which finally impart the certain truth of the agreement of the parties, should be controlled by an averment of parties... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...by R«u>onorthe matter of as high a nature as that which first made it obligatory (d). And, again, " It would be inconvenient that matters in writing, made by advice and consideration, and which finally import the certain truth of the agreement of the parties, should be... | |
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It would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the uncertain testimony of... 
