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20. Examples of rules of construction not to be opposed by extrinsic evidence ... 66
21. Of the distinction between admitting evidence to raise
and rebut an equity 69 n.
22. Parol evidence is admissible, of a wife's renunciation of
her equity to have a mortgage of her estate (in which
23. Parol declarations of women, during coverture, cannot
be received against their real representatives 77
24. But perhaps parol declarations of married women may be produced as collateral accumulative evidence of the fact of the application of mortgage-money ibid.
25. Of the admissibility of extrinsic evidence to prevent fraud 71
26. Parol testimony, however improper on other occasions,
is good when it comes from the adversary - 88
27. Of the propriety of the phrase lparol evidence,' as used
in this work - - - - ib.n.
28. Parol evidence allowed, to avoid the consequences of usury ..... 89
29. A written agreement may be discharged by parol evidence - . - - - - ibid.
30. A mere entry, in a steward's book, of contracts with tenants, is not evidence of an agreement for a lease 109
For other matters connected with Evidence, see Accident, 1. Attestation, 2, 5. Contracts, 5. Debt, 1, 9. Executors and Administrators, 2, 3. Instrument, 3. Loss, 1. Mistakes, 1. Presumption; Satisfaction, 3. Trusts, 5, 7, 12. Exchange.
I. Of the conveyance by exchange - 285, 286
Executors and Administrators.
1. Of the presumptive trust in the executor for the next of kin of the testator, as to the surplus undisposed of by
the will - - • - - 68
2. When the question, as to the admissibility of parol evi
dence to repel this presumption properly arises ibid.
3. Of the general admissibility of parol evidence to repel
the presumption against the executor - 71
4. Of promises by executors and administrators 201
5. To bring the party within the protection of the statute,
he must have been actual executor or administrator, when he made the promise - - 201
6. The statute has made no alteration in the mode of pleading; therefore, though the promise is in writing, the declaration must state the consideration 202, 207
7. It is not necessary that a declaration should show a pro
mise to have been in writing - - ibid.
8. Yet, if a defendant plead such promise, the plea should show it to have been in writing 203 n. 204 n.
9. What allegations are necessary to be made in the pleadings in actions on the special promise of executors and administrators - - . - 205, 206 notet.
See further Debt, 2, 3. Evidence, 15. Legacy 3, 5.
1. Construction of a bequest to the family of a person 18 n. Fraud.
1. Of the admissibility of extrinsic evidence to prevent fraud, see Evidence, 27.
2. Fraud principally a subject of relief in equity - 78
3. Of the necessity of charging the fraud in the bill in
equity for relief, in order to take the case out of the statute 79
4. Of giving effect to the intentions of a party to an instrument, against fraudulent omissions or suppressions, by adding trusts and provisions - - 80
5. Courts of equity more reserved in admitting parol evidence to compel a specific performance of a contract, alleged to have been prevented by fraud from being properly authenticated, than when offered for the purpose of resisting the application - - 81
6. Notwithstanding the statute of frauds, equity will hear parol evidence of the merits and justice of the case, before it will compel specific performance - 83
7. There can properly only be one construction upon the
statute of frauds in courts of law and equity - 129 n.
8. Of the particular relief of courts of equity in cases of fraud, by decrees of injunction and specific performance - . 129 s PAGB
9. Of the relief of those courts against fraudulent suggestions, and fraudulent suppressions - - 130
10. Of the application of this relief to the cases arising upon the statute, where it is attempted to be made a protection of fraud - - - ib. 131
11. The relief against the statute, in cases of part performance, was originally founded pp fraud - 131
12. The fraud, in encouraging another to make improvements on an estate, under the expectation of a lease or conveyance, was an early ground of relief - 132
13. Though the ground for relieving against the statute by
compelling specific performance may be liable to criticism, yet the doctrine to a certain extent is now established - - 133
14. Observations of the late Lord Alvanley on this subject - - - ib. 134
15. Distinction between the cases, where there is an ingredient of fraud, and where there is merely the partperformance - - - 135
16. The equitable doctrine of part-performance, as applied to the statute, proceeds in a circulating course of reasoning ... 136
17. Those cases are regarded as out of the statute, where agreements are prevented from being reduced into writing by fraud - - - ibid.
18. The principle of this relief distinguished from that which prevails in the case of simple part-performance 137
19. Charitable uses are within the statute of frauds 352
Freehold (devises of.)' See Will, 26, 28, 54, 59.
Goods and Chattels.
Of contracts for the sale and purchase of goods and chattels, see Bargain and Sale; Contracts, 10. Earnest.
Grants (Feudal.) I. Nature of the first feudal grants . - . 265 FACE
See Contracts, 8.
See Will, 55.
1. Where a tenant holds over, after the expiration of a lease, without having entered into a new contract, he holds upon the former terms - - 246
1. AH inheritances, corporeal or incorporeal, are within the meaning of the word " tenement" in the statute of frauds ... 12T
1. Of technical and forensic maxims, regulating the con
struction of instruments - 73
2. The testator's intention must govern the construction
of the will - - - 74
3. Parol evidence is always infirm against the intrinsic testimony of an instrument itself - - 77, 118 n.
4. Parol evidence is admissible, as to the contents of an in
strument, when it is in the hands of an adversary who refuses to produce it - - 85
5. An instrument designed as a deed, but rendered void by circumstances, may operate as an agreement in writing
to satisfy the statute of frauds - - 109
See further, Accident, 1. Agreement, S. Attestation, 6,7.
1. Difference between an interesse termini and the strict reversion ... 247
1. Nature of their interest in land « - 283
2. Could not make partitions without deed at the common law ..... ibid.
3. How they may mutually transfer their property inter se ..... 284
See Surrenders, 17.
1. Who are next of kin under the statute of distributions - - - - - 65 n.
2. Of the presumptive trust in the executor for the next of kin of the testator, as to the surplus undisposed of
by the will - - - - 68
1. Difference between lands and chattels in cases of sale
by auction ' - - 112—115, & notes,
2. Things affixed to or passing with the freehold, if sold with the land, fall within the fourth section of the statute of frauds - - 186^7
See Will, 46—48.
See Ambiguities, 1.
1. An agreement for a lease of any duration must be in writing, and signed agreeably to the statute - 241 n.
2. If a tenant from year to year holds for above three years, his interest in reckoning backward is considered as an entire lease for the whole time of his actual holding ... 242
3. But each still succeeding year is a new springing intercut upon the first contract; so that, prospectively, there never was any lease for more than a year;