 | Joseph Story - Equity - 1866 - 860 pages
...exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to...force as he can contest it at the present moment.* § 700 a. But where the illegality of the agreement, deed, or other instrument appears upon the face... | |
 | Joseph Story - Equity - 1870 - 948 pages
...exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to...claim may have been lost, or obscured ; or when the olher party may be disabled from contesting its validity with as much ability and force as he can contest... | |
 | Law - 1885 - 550 pages
...still while it exists it is always liable to be applied to improper purposes, and it may be litigated at a distance of time when the proper evidence to repel the claim may be lost or obscured, or when the other party may be disabled from contesting its validity with as much... | |
 | Edmund Henry Turner Snell - Equity - 1872 - 640 pages
...exists it is always liable to be applied to improper purposes, and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been lost or obscured. 1 But where the illegality of the agree- But where the ment, deed, or other instrument appears upon... | |
 | Joseph Story - Equity - 1873 - 1008 pages
...he cannot have it set aside for fraud. Peak w. Laughlin, 49 Mis. 162. may be vcxatiously litigated at a distance of time, when the proper evidence to...ability and force as he can contest it at the present moment.1 § 700 a. But where the illegality of the agreement, deed, or other instrument appears upon... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1874 - 678 pages
...exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to...force as he can contest it at the present moment." Story Eq., sec. 700. At sec. 701 the same author says the doctrine is applied to forged instruments,... | |
 | Sir Thomas Wardlaw Taylor - Equity - 1875 - 640 pages
...ezists, it is always liable to be applied to improper purposes; and it may be vexatiously litigated at a distance of time, when the proper evidence to...repel the claim may have been lost, or obscured^). 527. But where the illegality of the agreement, deed, or other instrument appears upon the face of... | |
 | Sir Thomas Wardlaw Taylor - Equity - 1875 - 632 pages
...exists, it is always liable to be applied to improper purposes; and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been lost, or obscnred(e). 527. But where the illegality of the agreement, deed, or other instrument appears upon... | |
 | Joseph Story - Equity - 1877 - 936 pages
...& C. 533; Marsh r. Brooklyn, 4 Thomp. & C. 413 ; 59 NY 280. So the it may be vexatiously litigated at a distance of time, when the proper evidence to...ability and force as he can contest it at the present moment.1 § 700 a. But where the illegality of the agreement, deed, or other instrument appears upon... | |
 | Edmund Henry Turner Snell, Archibald Brown - Equity - 1878 - 940 pages
...existed it was always liable to be applied to improper purposes, and it might be vexatiously litigated at a distance of time, when the proper evidence to repel the claim might have been lost or obscured (o). But where the illegality of the agreement, deed, or (ft. )_ When... | |
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If it is a mere written agreement, solemn or otherwise, still, while it exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been... 
