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. 1882 edition. Excerpt: ...1862, 24 D. 1O11 ('fallow-break' held not technical; evidence to that effect rejected); Tkomsonv. Garioch, 1841, 3 D. 625 (explanation of ' acre' excluded). (g) Robertson v. Gow, 1858, 20 D. 1170 ('stone of 22 lbs.' means 22 lbs., not the statutory 'stone'). G the Court is entitled to have all the ...
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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. 1882 edition. Excerpt: ...1862, 24 D. 1O11 ('fallow-break' held not technical; evidence to that effect rejected); Tkomsonv. Garioch, 1841, 3 D. 625 (explanation of ' acre' excluded). (g) Robertson v. Gow, 1858, 20 D. 1170 ('stone of 22 lbs.' means 22 lbs., not the statutory 'stone'). G the Court is entitled to have all the information which the contracting parties had, and even to be made aware of their previous communings, not for the purpose of contradicting or altering the contract, but in order to ascertain its true meaning. In contrast with such cases are those of the class mentioned above, b in which the contract, being complete and intelligible, required no explanation from surrounding circumstances or from previous communings. 139. In the next place, extrinsic evidence of the circumstances, but not of the intentions or declarations of the granter, is admissible for the purpose of identifying the subject conveyed or the person favoured by a deed. When the description is partly accurate and partly inaccurate, the latter part of it will be disregarded, and effect given to the former, on the ground that/aha demonstratio non nocel, dummodo constet de persond? Extrinsic evidence, both of circumstances and of the granter's declarations of intention, is admissible when the language of the deed, though clear in itself, applies equally to several different persons or objects.d Such ambiguities are called latent, being usually undiscovered until the deed comes into operation. If, on the other hand, the ambiguity be patent, it must, if possible, be solved by the nature and context of the deed itself. Again, when two bequests to the same effect are made in separate wills, the solution of the question whether they were (a) L. Chan. Cottenham in Forlong v. Taylor's Exrs....
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Add this copy of Digest of the Scottish Law of Evidence. to cart. $18.93, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
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