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" This case is an apt illustration of the wisdom of the rule requiring such anticipations to be proven by evidence so cogent as to leave no reasonable doubt in the mind of the court, that the transaction occurred substantially as stated. "
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme ... - Page 80
de Illinois. Supreme Court - 1911
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Reports of Cases Argued and Determined in the High Court ..., Partie 60,Volume 1

Ireland. High Court of Chancery, William B. Drury, Robert R. Warren - 1843 - 734 pages
...the heir at law takes whatever is undevised, and that it requires such an intention to exclude him, as to leave no reasonable doubt in the mind of the Court, that such was the testator's intention. In the present case the devise is upon trust by a proper conveyance...
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The Law Review and Quarterly Journal of British and Foreign ..., Volume 4

1846 - 520 pages
...to himself, the evidence of the transaction ought to be perfectly free from all suspicion, and such as to leave no reasonable doubt in the mind of the Court as to its truth. A deathbed is not the fit place, nor the proper time, at which a clergyman, of any...
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The Law Review and Quarterly Journal of British and Foreign ..., Volume 4

1846 - 518 pages
...to himself, the evidence of the transaction ought to be perfectly free from all suspicion, and such as to leave no reasonable doubt in the mind of the Court as to its truth. A deathbed is not the fit place, nor the proper time, at which a clergyman, of any...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 17

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 612 pages
...a mutual mistake, and to warrant a court of equity in correcting a written instrument, must be such as to leave no reasonable doubt in the mind of the court as to the mistake. If the evidence is contradictory or uncertain, it is insufficient to support a decree...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 241 à 242

1917 - 2042 pages
...illustration of the wisdom of the rule requiring such anticipations to be proven by evidence so cogent as to leave no reasonable doubt in the mind of the court that the transaction occurred substantially as stated." This quotation is very much in point as respects...
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The Supreme Court Reporter, Volume 15

1895 - 1088 pages
...movable at its lower end. 2. Anticipation of a patented device must be proved by evidence so cogent as to leave no reasonable doubt in the mind of the court that the transaction occurred substantially as stated. Oral testimony, unsupported by patents or exhibits,...
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The Pacific Reporter, Volume 53

1898 - 1174 pages
...a mutual mistake, and to warrant a court of equity in correcting a written instrument, must be such as to leave no reasonable doubt in the mind of the court, and when the mistake is denied in the answer the proof must be strong to overcome such denial. If the evidence...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 155

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1895 - 768 pages
...illustration of the wisdom of the rule requiring such anticipations to be proven by evidence so cogent as to leave no reasonable doubt in the mind of the court, that the transaction occurred substantially as stated. The very exhibit produced by the witness Heller...
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The Pacific Reporter, Volume 164

1917 - 1228 pages
...obtained in the reformation of a written contract, signed through mistake, the evidence must be such as to leave no reasonable doubt in the mind of the court as to what the mistake was, the real intention, and that the mistake was mutual. Houser v. Austin,...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1895 - 784 pages
...illustration of the wisdom of the rule requiring such anticipations to be proven by evidence so cogent as to leave no reasonable doubt in the mind of the court that the transaction occurred substantially as stated. The very exhibit produced by the witness Heller...
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