Doe on the demise of Oldnall and Wife v Deakin and Wooley
Jurisdiction | England & Wales |
Judgment Date | 24 March 1828 |
Date | 24 March 1828 |
Court | High Court |
English Reports Citation: 172 E.R. 474
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
[402] Shrewsbury Assizes, before Mr Baron Vaughan. March 24th, 1828. DOE ON THE DEMISE OF C-LDNALL AND WlFE V DEAKIN AND WoOLEY (A will of lands executed more than thirty years ago, is admissible in evidence without calling the subscribing witness, although the testator has died within thirty years, and it be proved that one of the subscribing witnesses is still alive A claimed in ejectment as heir-at-law of B A. traced his pedigree through the youngest son of a common ancestor, who, in the year 1689, had four elder sous, whose descendants (if any) would have had a better title thau B -Held, that the length of time was a sufficient ground to presume their deaths ; and that the Court would take it that they all died without issue, unless there was some evidence to induce a presumption that they, or some of them, married and left issue.) [Subsequent proceedings with annotations, 8 B & C 225 , sub nonitne Due d Old ham v Wolley \ Ejectment by the lessor of the plaintiff, Mrs. Oldnall, to recover certain estates in the county of Salop, as the devisee of Frances Wooley The estates had never been in the actual possession of Frances Wooley, but she was alleged to have been * By the stat 7 & 8 Will. II[. c. 4, it is enacted, " That no person or persons hereafter to be elected to serve in Parliament for any county, city, town, borough, port, or place within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, after the teste of the writ of summons to Parliament, or after the teste 01 the issuing out or ordering of the writ or writs of election upon the calling or summoning of any Parliament hereafter, or after any such place becomes vacant hereafter in the time of this present or of any other Parliament, shall or do hereafter, by himself or themselves, or by any other ways or means on his or their behalf, or at his or then charge, before his or their election to serve in Parliament for any county, city, town, borough, port, or place within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, directly or indirectly give, present, or allow to any person or persons, having voice or vote in such election, any money, meat, drink, entertainment or provision, or make any present, gift, reward or entertainment, or shall, at any time hereafter, make any promise, agreement, obligation, or engagement, to give or allow any money, meat, drink...
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...arbitrator has decided the case. (b) See Doe d. Oldham v. Woll&y, 8 B. & 0. 22 (S. C. per nom.), Doe d. Oldnall v. Dedkin, 2 M. & K. 195, 3 C. & P. 402; M'Kenlre v. Fraser, 9 Ves. 5; Doe, d. Spilshiry v. Ewrdett, 4 Ad. & E. 1, 6 N. & M. 259. (a) Wilde, C. J., was absent. 536 CLARKE V. ALL A......
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Doe on the Demise of Oldham and Wife against Wolley
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