 | Samuel March Phillipps - Evidence (Law) - 1815 - 600 pages
...fact may be known to the subscribing witness, not within the knowledge or recollection of the obligor, and he is entitled to avail himself of all the knowledge...the subscribing witness relative to the transaction (4)." The rule is precisely the same, whether the acknowledgment is offered as evidence against the... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1817 - 634 pages
...the attesting witness is, that a party shall riot be charged with any deed without having the benefit of all the knowledge of the subscribing witness relative to the transaction ; and therefore before he is charged he ought to have an opportunity of cross-examining him (a). Also,... | |
 | GEORGE MAULE AND WILLIAM SELWYN - 1817 - 640 pages
...the attesting witness is, that a party shall not be charged with any deed without having the benefit of all the knowledge of the subscribing witness relative to the transaction ; and therefore before he is charged he ought to have an opportunity of cross-examining him (a). Also,... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1818 - 828 pages
...the subscribing witness, not within the knowledge or recollection of the obligee, and he is entilled to avail himself of all the knowledge of the subscribing...present, as it was not proved that (a) Peake's NP Cotes, 30.(c) 4 Maule $• Selw. 353. (0 4 /;./•,/, 53. (b) Skinner, 673. Douffl. 216. either the... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - Law reports, digests, etc - 1823 - 942 pages
...casei there cited. COOKE TANSWELL. witness, not within the knowledge or recollection of the obligor, and he is entitled to avail himself of all the knowledge...the subscribing witness, relative to the transaction (a) ; and in this case, the subscribing witness might have proved that the instrument in question was... | |
 | William Oldnall Russell - Criminal law - 1828 - 836 pages
...may be known to the subscribing witness, not within the " knowledge or recollection of the obligor, and he is entitled to " avail himself of all the knowledge...subscribing witness " relative to the transaction."^) But where the attesting witness is dead, (o) or blind, (;j) or insane,^) or infamous, (r) or has become... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...may be known to the subscribing witness, not within the knowledge or recollection of the obligor ; and he is entitled to avail himself of all the knowledge...subscribing witness relative to the transaction." (3) ft '-• not, however, the sequent, that because the subscribing witnesses are uw plighted witnesses... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1844 - 896 pages
...because a fact may be known to the witness, which may not be known to him ; and beeause he has a right to avail himself of all the knowledge of the subscribing witness relative to the transaction ; how much more forcibly do the reasons apply in favor of one who is not a party to Van Arsdale & Co.... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1851 - 860 pages
...fact may be known to the subscribing witness not within the knowledge or recollection of the obligor, and he is entitled to avail himself of all the knowledge...subscribing witness relative to the transaction." This, then, seems to be the general rule, though it does not go to the entire exclusion ofparol admissions... | |
 | Richard Newcombe Gresley - Equity pleading and procedure - 1847 - 744 pages
...says, that although the party has thus the advantage of giving his own account of the transaction, yet he is entitled to avail himself of all the knowledge of the attesting witness, who may be aware of facts not within the knowledge of the party who signed ; [and... | |
| |
Various reasons have been assigned for this rule, but that upon which it seems best founded is that a fact may be known to the subscribing witness, not within the knowledge or recollection of the obligor, and that he is entitled to avail himself of all... 
