A Treatise on the Practice of the Court of Chancery, 2. köide
Saunders and Benning, 1835
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Common terms and phrases
affidavit allowed amount answer appeal apply appointed arbitrators assets Attending award biddings bill bill of review bond brought cause certificate Chancery charge claim clerk in court confirmed consent considered contract copy costs counsel creditor debts decree defendant deponent deposit discharge Drawing enrolment entered entitled evidence examination exceptions executor expense facts filed folio fund further directions give given ground heard hearing Honourable interest interrogatories issue judgment leaving legacy liberty Lord Chancellor manner Master Master's report motion named necessary notice of motion objections obtained original Paid particular party payment person personal estate petition petitioner plaintiff practice prepared presented proceed proceedings produced prove purchaser question received reference refused rehearing respect Right rule served settled signed sold solicitor sufficient suit taken term thereof tion trial usual warrant witnesses
Page 487 - Payment well and truly to be mucto we bind ourselves, and each of us, our and each of our Heirs, Executors and Administrators, jointly and severally, firmly by these Presents.
Page 283 - That in Actions of Debt or upon the Case grounded upon any Simple Contract no Acknowledgment or Promise by Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the...
Page 284 - ... within two years after the cause of such actions or suits, but not after ; and the said other actions, within three years after the end of this present session, or within six years after the cause of such actions or suits, but not after...
Page 366 - Record, which the parties shall choose, and to insert such their agreement in their submission, or the condition of the bond or promise, whereby they oblige themselves respectively to submit to the award or umpirage of any person or persons...
Page 249 - ... devisee or devisees of such debtor, shall be liable to all the same suits in equity at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as...
Page 111 - The master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such...
Page 49 - No bill of review shall be admitted, or any other new bill, to change matter decreed, except the decree be first obeyed and performed : as, if it be for land, that the possession be yielded ; if it be for money, that the money be paid ; if it be for evidences, that the evidences be brought in ; and so in other cases which stand upon the strength of the decree alone. 4. But if any act be decreed to be done which extinguisheth the parties...
Page 249 - ... when any person shall die seised of or entitled to any estate or interest in lands, tenements, or hereditaments, corporeal or incorporeal, or other real estate whether freehold, customaryhold, or copyhold, which he shall not by his last will have charged with or devised subject to the payment of his debts...
Page 232 - And for the better taking the said accounts and discovery of the matters aforesaid, the parties are to produce before the said Master, upon oath, all deeds, books, papers, and writings in their custody or power relating thereto, and are to be examined upon interrogatories as the said Master shall direct...
Page 95 - Master with due diligence, there the Master shall be at liberty, upon the application of any other party interested, either as a party to the suit or as one who has come in and established his claim before the Master under the decree or order, to commit to him the prosecution of the said decree or order...