A Selection of Leading Cases on Various Branches of the Law, Vol. 3 of 3: with Notes (Classic Reprint)

Publisher Marketing: Excerpt from A Selection of Leading Cases on Various Branches of the Law, Vol. 3 of 3: With Notes And Mary Orme swore "that she was aunt to Wm. Fowden, jun., and well remembered that he was born in the beginning of April, and before the 15th day of that month, in the year 1768." And the error assigned was, that it appeared in the record, &c., that Wm. Fowden, jun., on Friday, in the aforesaid session at Chester, appeared by attorney and warranted the tenements, &c., to E. (the tenant), &c.; but that Wm. Fowden, jun., was then an infant within the age of twenty-one years, viz., twenty years and no more. And on joinder in error, the issue was, "Whether Wm. Fowden the younger, at the time of his appearance and warranty, and voucher to warranty, and also at the time of the giving of the said judgment (of recovery), was an infant within the age of twenty-one years, to wit, of the age of twenty years and no more." At the trial at Chester it appeared that Wm. Fowden, jun., died on the 31st of December, 1792, having before made his will, and Wm. Fowden, sen., the father, died on the 20th of March, 1806; but Mary Orme, the aunt, was still living, and examined as a witness by the defendant in support of the fact as sworn to in her affidavit; but the accuracy of her recollection as to the precise day of her nephew's birth was rendered doubtful by circumstances which came out upon cross-examination. And on the part of the plaintiffs, it was, amongst other things, proved by a neighbor that Wm. Fowden the father, and his wife, lived at Bramhall, where William the son was born; that it was on a Friday. That he was desired by the father to fetch Mr. Hewitt, the man-midwife, who lived at Stockport, about three miles and a half distant: the witness, however, had occasion to go elsewhere, and another person was sent to Mr. Hewitt, and on the witness's return the same evening, Mrs. Fowden was brought to bed of a son. That the wife of Richard Fallows, who lived half a mile off, was also delivered on the same day. The person who was sent to Mr. Hewitt's corroborated this account, and knew young Fallows and young Fowden, as they grew up, who appeared about the same age. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.