Procedure and Evidence -- 1962 Tennessee Survey

Morgan, Edmund M.

Journal: Vanderbilt Law Review

Volume: 16

First Page: 817

Year: 1963

Bluebook Citation: 16 VAND. L. REV. 817 (1963)

Author: Edmund Morris Morgan: all 98 publications


Abstract

Construction of Pleading--Where the plaintiffs bill of complaint for specific performance of a contract for the purchase of a specified parcel of realty discloses on its face that the agreement was oral, the defendant may raise the defense of the statute of frauds by demurrer.' Burden of Proof and Presumptions--The current decisions do little to clear up the confusion caused by the use of the term presumption, though it is usually not too difficult to determine the effect intended to be given it in a particular case. Judicial Notice--The cases in which the Tennessee courts have applied the doctrine of judicial notice present no novel situations.

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