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what respects it is defective. | what respects it is defective. | ||
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1<hi rend="superscript">st</hi> It does not <unclear>comprise</unclear> the <hi rend="underline">Land</hi>: only the House, This <sic>shews</sic> | <p>1<hi rend="superscript">st</hi> It does not <unclear>comprise</unclear> the <hi rend="underline">Land</hi>: only the House, This <sic>shews</sic> | ||
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he had a view of selling the Land without being obliged at all event | he had a view of selling the Land without being obliged at all event | ||
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of which there could be no doubt, it would not be the less <unclear>ex</unclear> his power | of which there could be no doubt, it would not be the less <unclear>ex</unclear> his power | ||
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to sell the Land by her having the Mortgage on it: that it remained | |||
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at present a matter of uncertainty whether 'a purchaser would be | |||
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found or no: and in the mean time it was highly proper that M<hi rend="superscript">rs</hi> | |||
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A. should be secured at all events in <unclear>personance</unclear> of the agreement. | |||
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All this he could not but acknowledge; and he promised it should be | |||
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done accordingly. | |||
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2<hi rend="superscript">dly</hi>. The Deed was false dated. It was dated as if executed the same | |||
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day with the Agreement. I observed to him this would not do: because | |||
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if it should ever come into question <del>into</del> <add>in</add> a Court of Justice, the execution | |||
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of the deed must be proved: and then the true date <sic>wou'd</sic> come out, | |||
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unless the witnesses <unclear>perjured</unclear> themselves. I made it appear to him <unclear>that</unclear> to speak the truth was not only the <sic>honestest</sic> | |||
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sharing is still outstanding against him. They My answer is I do
not know. Upon the supposition that the parties in question were
ready (as he assured me they were) to vacate the judgement it wou'd
not be material: and I had so catechized him already, that I could
not bear to put a question to him which would seem I thought to
be tray my mistrust of him. The whole together was a part so disagreable
and so new to me to act in that I stammer'd and look'd foolish
I dare say, as if I had been the catechized instead of the catechizer.
I have got the mortgage Deed such as it is. Now I will tell you in
what respects it is defective.
1st It does not comprise the Land: only the House, This shews
he had a view of selling the Land without being obliged at all event
to pay Mrs A. with the money. I told him this was not a performance
of the Agreement. He acknowledged it. But said he thought
it not necessary to include the Land as it was to be sold so soon.
I told him that if Mrs A. chose to accept of so much of her money
of which there could be no doubt, it would not be the less ex his power
to sell the Land by her having the Mortgage on it: that it remained
at present a matter of uncertainty whether 'a purchaser would be
found or no: and in the mean time it was highly proper that Mrs
A. should be secured at all events in personance of the agreement.
All this he could not but acknowledge; and he promised it should be
done accordingly.
2dly. The Deed was false dated. It was dated as if executed the same
day with the Agreement. I observed to him this would not do: because
if it should ever come into question into in a Court of Justice, the execution
of the deed must be proved: and then the true date wou'd come out,
unless the witnesses perjured themselves. I made it appear to him that to speak the truth was not only the honestest
Identifier: | JB/538/105/002"JB/" can not be assigned to a declared number type with value 538. |
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1777-??-?? |
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538 |
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105 |
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002 |
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Correspondence |
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Jeremy Bentham |
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