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. 1870 Excerpt: ...as he assumes during the coverture; and for those contracted during coverture, to the extent of her agency. 40. A good deal of learning will be found in some-treatises upon the general subject of the duties of executors and administrators, in regard to the particular forms of action and of defence which may be ...
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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. 1870 Excerpt: ...as he assumes during the coverture; and for those contracted during coverture, to the extent of her agency. 40. A good deal of learning will be found in some-treatises upon the general subject of the duties of executors and administrators, in regard to the particular forms of action and of defence which may be maintained, either in their favor or against them. But as this pertains chiefly to the subject of procedure, and that is mainly regulated by code, at the present time, in the American states, we should not deem it useful to occupy much space here upon that topic.71 41. In regard to the operation of the statute of limitations, in suits against the personal representative, it is generally considered, that if the creditor intend to rely upon a new promise he must declare upon such new promise, and not attempt to bring it in by way of replication, since that will be a departure in pleading, provided the declaration count upon promises on the part of the deceased.72 But it is claimed to have been held, at Nisi Prius, in England,78 that a promise, on the part of the executor or administrator, will sustain the averment of a new promise on the part of the testator within six years. 42. But, as the personal representative has no authority to create debts against the estate, his acknowledgment of the existence of such debts could not properly be said to have any effect in regard to the removal of the statutory bar.74 It has accordingly been held, that nothing short of an express promise will have that effect;;6 and if there be more than one executor or administrator it would seem requisite.to prove a joint promise by all, in order to maintain a joint action.78 The subject of the effect of the statute 71 2 Wms. Exrs. 1753, 1817. "Browning v. Paris, 5 M. &am...
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
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Good. No Dust Jacket. A Good copy in rubbed and edge-worn full brown leather with red leather spine label. Early owner's name, tanning to the outer edges and endpapers. The binding is sound and the text is clean.