A Selection of Leading Cases in Equity: With Notes, 1. köideT. & J.W. Johnson & Company, 1859 |
From inside the book
Results 1-5 of 100
Page 100
... fund for that payment , that it should be a constant and subsisting fund ; but where lands are not burdened with such a subsisting charge , the purchaser ought not to be bound to look to the application of the money ; and that seems to ...
... fund for that payment , that it should be a constant and subsisting fund ; but where lands are not burdened with such a subsisting charge , the purchaser ought not to be bound to look to the application of the money ; and that seems to ...
Page 115
... funds standing in the name of John Smith , her deceased husband , to whom she was executrix , and other funds standing in her name and in the name of her co- executor , to Moffatt & Co. , his bankers , as a security for such sums as he ...
... funds standing in the name of John Smith , her deceased husband , to whom she was executrix , and other funds standing in her name and in the name of her co- executor , to Moffatt & Co. , his bankers , as a security for such sums as he ...
Page 146
... fund to which their creditor might have resorted , for their relief . The surety in a bond , for the payment of which the principal has bound particular property , has a pre- ference over all other persons , to have the debt , charged ...
... fund to which their creditor might have resorted , for their relief . The surety in a bond , for the payment of which the principal has bound particular property , has a pre- ference over all other persons , to have the debt , charged ...
Page 147
... fund , as there is now no longer any bond or judgment to be charged upon it ? and has he not equal equity ? The answer is , No : he not only has not equal equity , but he has no equity whatever to charge a fund which in equity , and ...
... fund , as there is now no longer any bond or judgment to be charged upon it ? and has he not equal equity ? The answer is , No : he not only has not equal equity , but he has no equity whatever to charge a fund which in equity , and ...
Page 150
... fund , lien or equity which he may have against any other person or property on account of the debt . . . In cases depending upon this equitable principle , as between the debtor and his sureties , it makes no difference , except as ...
... fund , lien or equity which he may have against any other person or property on account of the debt . . . In cases depending upon this equitable principle , as between the debtor and his sureties , it makes no difference , except as ...
Other editions - View all
Common terms and phrases
agreed agreement annuity appears applied appointment arise assignment authority Beav benefit bill bond bound Chancery charge circumstances claim consideration considered contract conveyance Court court of equity creditors death debts decided decision decree deed defendant devised directed doctrine doubt effect election entitled equity evidence execution executor express father favor fraud fund give given granted ground heirs held husband intention interest issue judgment laid land lease legacies liable lien Lord marriage married ment mortgage nature notice observed opinion paid parties partnership payment performance personal estate plaintiff possession present principle provision purchase question real estate reason remainder respect rule seems sell separate settled settlement sold specific statute sufficient surety taken tenant tion transaction trust unless waste whole wife
Popular passages
Page 291 - It shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in presence of the testator, but no form of attestation shall be necessary.
Page 650 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 636 - ... the heir or devisee to whom such land or hereditaments shall descend or be devised shall not be. entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of such person, but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person...
Page 779 - SEWKLL] gave his opinion ; he observed that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted ; and this in whatever manner the direction is given...
Page 527 - ... an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of, after such desertion, against her husband or his creditors, or any person claiming under him...
Page 259 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser; whether in one name or several; whether jointly or successive, — results to the man who advances the purchase money.
Page 85 - This may seem hard, that the trustee is the only person of all mankind who might not have the lease ; but it is very proper that rule should be strictly pursued and not in the least relaxed...
Page 139 - ... of contract, but even by means of securities entered into without the knowledge of the surety, having a right to have those securities transferred to him, though there was no stipulation for that, and to avail himself of all those securities against the debtor.
Page 154 - It is only in cases where the person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect.
Page 636 - ... charged with the payment of any sum or sums of money by way of mortgage, and such person shall not by his will or deed or other document, have signified any contrary or other intention, the heir or devisee to whom such...