...when the second marriage was contracted. The legislature, by this proviso, sanctions a presumption that a person who has not been heard of for seven years is dead, but the proviso affords no ground for the converse proposition ; namely, that when a party has been seen...

...should be granted to his brother Robert Turner. SIR JP WILDE. — In Doe v. Nepean (1) it was held that a person who has not been heard of for seven years must be presumed to be dead. Charles Turner, therefore, must be taken to have been dead in December...

...same case, the Court cited Taylor's Treatise on the Law of Evidence (sec. 157) that * * * although a person who has not been heard of for seven years is presumed to be dead, the law raises no presumption as to the time of his 1 Davie v. Briggs, 97 US 628...

...alive on the 1st day of December, 1846, when the grant of the Alcalde was made. "But the law as thus declared in England is different from the law •which...who has not been heard of for seven years is dead, bnt here the law, differing in this respect from the law of England, presumes that a party once shown...

...when the second marriage was contracted. The Legislature, by this proviso, sanctions a presumption that a person who has not been heard of for seven years is dead; but the proviso affords no ground for the converse proposition, viz., that when a party has been seen or...

...Nepean v. Doe d. Knight*0 and Halsbury's Laws of England, it was held that, while there is a presumption that a person who has not been heard of for seven years is presumed to be dead, there is no presumption as to the particular date on which he died. Rango v. Mudiyeppa*1...

..."Mr. Taylor in the first volume of his Treatise on the Law of Evidence (sect. 157) says that 'although a person who has not been heard of for seven years is presumed to be dead, the law raises no presumption as to the time of his death; and therefore, if any...