 A person shown not to have been heard of for seven years by those (if any) who if he had been alive would naturally have heard of him, is presumed to be dead unless the circumstances of the case are such as to account for his not being heard of without...  A Digest of the Law of Evidence - Page 267by James Fitzjames Stephen - 1901 - 433 pagesFull view - About this book
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1919 - 874 pages
...has been continuously absent from his home or place of residence, and unheard from, or of, by those who, if he had been alive, would naturally have heard of him, through the period of seven years, is dead, the burden of establishing the facts which may, within... | |
 | Law reports, digests, etc - 1897 - 642 pages
....•rancis, the testatrix, was married to one John Williams, ;n ,as<fi_ The will was dated the I4th "A person shown not to have been heard of for seven years by those who, if he had been alive, would naturally have heard of him, is presumed dead, and the burden of proof... | |
 | Adams Sherman Hill - English language - 1878 - 336 pages
...fact, or from particular evidence, unless and until the truth of' such inference is disproved." 4 " A person shown not to have been heard of for seven...presumed to be dead unless the circumstances of the case 1 From prae, before, and sumo, take. 2 Stephen: Liberty, Equality, and Fraternity, p. 201. 8 By Archbishop... | |
 | Adams Sherman Hill - 1878 - 336 pages
...fact, or from particular evidence, unless and until the truth of such inference is disproved." 4 " A person shown not to have been heard of for seven...who if he had been alive would naturally have heard oi him, is presumed to be dead unless the circumstances of the case 1 From prae, before, and sumo,... | |
 | Adams Sherman Hill - English language - 1878 - 314 pages
...take. 2 Stephen : Liberty, Equality, and Fraternity, p. 201. . s By Archbishop Whately, for instance. are such as to account for his not being heard of without assuming his death."1 A person accused of a crime is presumed to be innocent. A presumption of this class — a... | |
 | Law - 1879 - 552 pages
...BEYOND THE SEAS "—CONSTRUCTION OF STATE COURT ADOPTED BY FEDERAL COURT.— The general rule is that " a person shown not to have been heard of for seven years by those (if any) who, if he had \ (••-•£: n been alive, would naturally have hoard of him, is presumed to be dead, unless the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1879 - 790 pages
...affirmed. DAVEG v. BRIGGS. 1 A person who for seven years has not been heard of by those who, had he been alive, would naturally have heard of him, is presumed to be dead ; but the law raises no presumption as to the precise time of his death. 2. The triers of the facts... | |
 | Canada - 1882 - 658 pages
...in other cases in which the duration of life came into question, and now the rule is general, that a person shown not to have been heard of for seven...his not being heard of without assuming his death." There is no presumption as to the time of his death during the seven years. Death will not be presumed... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1882 - 896 pages
...Smith e. Croom, 7 Fla., 81. A person who for seven years has not been heard of by those who, had lie been alive, would naturally have heard of him, is presumed to be dead ; but the law raises no presumption as to the precise time of his death. The triers of the facts may... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1884 - 880 pages
...and June 14, 1884. RULE V. An absentee shown not to have been heard of for seven years by persons, who if he had been alive would naturally have heard of him, is presumed to have been alive until the expiry of such seven years, and to have died at the end of that term. Stevens... | |
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