inasmuch as the erasure was in a clearly material part of the deed, and
there were no recitals in the deed by which it could be helped. That it
was incumbent upon those proffering the deed in evidence, to account for
its altered appearance, although the deed was more than thirty years
old, and rebut the presumption of fraud arising therefrom. That the
erasure was a clear badge of fraud; and to hold otherwise, would be to
open a wide door to frauds of the most extensive and serious
description. That there had been no evidence offered to show that the
deed had ever been a valid deed; the very first step failed; and, in
short, in its then state, it was in contemplation of law _no deed at
all_; and, consequently, had been properly rejected. "For all these
reasons, therefore," concluded Lord Widdrington, "we are clearly of
opinion, that the verdict ought not to be disturbed, and the rule will
consequently be DISCHARGED."[6] As these last words were pronounced, a
mist seemed for a moment to intervene between Mr. Aubrey and everything
around him; for his thoughts had reverted to Yatton, and the precious
objects of his affection who were there, in sickening suspense, awaiting
the event which had that moment taken place. The words yet sounding in
his excited ears, seemed like the sentence of expulsion from Paradise
passed upon our dismayed and heart-broken first parents. Yes, in that
solemn region of matter-of-fact and common-place--that _dead
sea_--generally speaking--as far as feeling, sentiment, incident, or
excitement is concerned, the Court of King's Bench--there sat a man of
exquisite sensibility--pure and high-minded--whose feelings were for a
while paralyzed by the words which had fallen from the judgment-seat,
uttered with a cold, business-like, indifferent air--oh! how horridly
out of concert with the anxious and excited tone of him whom, with his
lovely family, they consigned, in fact, to destitution! After remaining
for about a quarter of an hour, during which brief interval he resumed
the control over his feelings which he had so long and successfully
struggled to maintain, he rose, and quitted the court. It was a heavy
lowering afternoon--one which seemed to harmonize with the gloomy and
desolate mood in which he slowly walked homeward. He encountered many of
his friends, on foot, on horseback, and in carriages, on their way down
to the Houses of Parliament; the very sight of them, in the morbid state
of his feelings, gave him a pang that was indescribable. With _them_
matters were the same as they had ever been--as they had till then been
with him--and as probably they would be with them to the end of their
career; but _he_ had been forced, suddenly and forever, to quit the
scene of high excitement and proud aspirations!--He heaved many deep
sighs, as he exchanged nod after nod with those he met, as he approached
Charing Cross. There he encountered Lord C----, the brilliant Foreign
Public-domain text, read in full here on John Shaqi.
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