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CONTENTS

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CHAPTER II.

examples of application of the rule

execution of wills

signing by testator

attestation by witnesses .

collateral facts presumed to give validity to instruments

construction of instruments

interlineations and erasures

81

81

82

82

83

84

85

85, 86

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Presumption of right from possession

87

Division of the subject

88

1. Presumption from long user of rights to things which lie in grant, 88

prescription

88

at common law

88

statutes 32 Hen. 8, c. 2; 21 Jac. 1, c. 16

91

evidence of prescription from modern user

92

presumption-how rebutted

100

title by non-existing grant

. 102

generally

102

conflicting evidence

. 105

presumption of grant from the crown

107

presumption in derogation of public rights

. 109

prescriptive right to pews

110

prescription acts, 2 & 3 Will. 4, c. 71 and 100

114

inconveniences of the old law

114

2 & 3 Will. 4, c. 71

. 116

2 & 3 Will. 4, c. 100

130

2. Cases not within the prescription acts

. 133

presumption of the dedication of highways

133

presumption of the extinction of rights by non-user

137

general principles

137

quit-rents

. 138

easements

138

licenses

142

3. Presumptions in support of beneficial enjoyment

144

general principles

144

instances

144

instances in which the courts have refused to presume in favour of pos-

session and enjoyment

146

presumption of conveyances by trustees

149

149

presumption of the surrender of terms by trustees for terms of

years

150

formerly carried to an unreasonable length

150

surrender of terms presumable from circumstances

152

surrender of terms presumed from acts of the owner of the inherit-

ance

153

discussion of the question, whether the surrender of a term of years

assigned to attend the inheritance is to be presumed, as

among purchasers, from the terms not being noticed in recent

marriage settlements

153

arguments of Sir E. Sugden against it

153

the case of Doe d. Burdett v. Wrighte

157

case of Doe d. Putland v. Hilder

159

examination of these cases

. 164

subsequent cases at variance with them

165

as also the subsequent practice

surrender of terms not assigned to attend the inheritance 168

presumptions in favour of title-belief of juries

. 168

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Presumptions derived from the Course of Nature.

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