The Pacific Reporter Volume 124 (Paperback)


This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...the latter case It was held that an attorney who wrote a deed could be examined as to what was said by the parties at the time relative to the transaction, whether he was acting as attorney for the one who called him or for both." In re Bauer, 79 Cal. 312, 21 Pac. 762. See, also, Murphy v. WaterHep. 365; Harris v. Harris, 136 Cal. 379, 69 Pac. 23. 19 That the conduct of appellant In attempting to keep secret the recording of the deed was a proper subject for inquiry seems entirely clear. It was some evidence--open, however, to explanation--of the consciousness of fraud in connection with hip acquirement of the deed. Secret, equivocal, or evasive conduct, either precedent or subsequent, is often of persuasive force in the determination of the good faith of a transaction. So, subsequent concealment or secrecy as to the deed would be indicative of knowledge of the dishonesty of the original transaction and might indicate a purpose to avert any suit to set aside the conveyance until after the death of the grantor. The principle is as true now as it ever was that "men love darkness rather than light because their deeds are evil." 10 The court admitted evidence of the declarations of Mary Piercy made subsequent to the date of the deed. These declarations were received for the purpose of showing the "relation of the parties." It Is contended that the relation of the parties existing after the deed transaction was consummated is entirely immaterial. But It Is a familiar rule of evidence that, when a person's mental condition at a certain time is In issue, a showing may be made of his condition both before and after, as Indicative of his probable condition at the particular date In question. Some of the evidence along this line was offered i...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...the latter case It was held that an attorney who wrote a deed could be examined as to what was said by the parties at the time relative to the transaction, whether he was acting as attorney for the one who called him or for both." In re Bauer, 79 Cal. 312, 21 Pac. 762. See, also, Murphy v. WaterHep. 365; Harris v. Harris, 136 Cal. 379, 69 Pac. 23. 19 That the conduct of appellant In attempting to keep secret the recording of the deed was a proper subject for inquiry seems entirely clear. It was some evidence--open, however, to explanation--of the consciousness of fraud in connection with hip acquirement of the deed. Secret, equivocal, or evasive conduct, either precedent or subsequent, is often of persuasive force in the determination of the good faith of a transaction. So, subsequent concealment or secrecy as to the deed would be indicative of knowledge of the dishonesty of the original transaction and might indicate a purpose to avert any suit to set aside the conveyance until after the death of the grantor. The principle is as true now as it ever was that "men love darkness rather than light because their deeds are evil." 10 The court admitted evidence of the declarations of Mary Piercy made subsequent to the date of the deed. These declarations were received for the purpose of showing the "relation of the parties." It Is contended that the relation of the parties existing after the deed transaction was consummated is entirely immaterial. But It Is a familiar rule of evidence that, when a person's mental condition at a certain time is In issue, a showing may be made of his condition both before and after, as Indicative of his probable condition at the particular date In question. Some of the evidence along this line was offered i...

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Product Details

General

Imprint

Rarebooksclub.com

Country of origin

United States

Release date

May 2014

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

May 2014

Authors

Dimensions

246 x 189 x 53mm (L x W x T)

Format

Paperback - Trade

Pages

1062

ISBN-13

978-1-130-62560-8

Barcode

9781130625608

Categories

LSN

1-130-62560-5



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