Reports of Cases Argued and Determined in the High Court of Chancery, from the Year MDCCLXXXIX to MDCCCXVII, with a Digested Index, 3. köideC.C. Little and J. Brown, 1844 |
From inside the book
Results 1-5 of 99
Page 4
... Defendant Rolle , ever since the testator's death , has been and now is in possession and receipt of the rents and profits of one third part of two certain farms , with their respective ap- purtenances , called Buckham and Chelborough ...
... Defendant Rolle , ever since the testator's death , has been and now is in possession and receipt of the rents and profits of one third part of two certain farms , with their respective ap- purtenances , called Buckham and Chelborough ...
Page 5
... Defendant can demur ? This case is certainly distinguishable from a mere ejectment bill , where no obstruction lies in the way of proceeding at law . * [ * 7 ] Lord CHANCELLOR [ LOUGHBOROUGH ] . Upon the face of the bill it is quite ...
... Defendant can demur ? This case is certainly distinguishable from a mere ejectment bill , where no obstruction lies in the way of proceeding at law . * [ * 7 ] Lord CHANCELLOR [ LOUGHBOROUGH ] . Upon the face of the bill it is quite ...
Page 17
... Defendant Henry Thomas , who by virtue of such will or other- wise became possessed of and entitled to the said mortgage security . John Thomas during his life got into possession of the premises , and received the rents and profits ...
... Defendant Henry Thomas , who by virtue of such will or other- wise became possessed of and entitled to the said mortgage security . John Thomas during his life got into possession of the premises , and received the rents and profits ...
Page 18
... Defendant would produce the said con- veyances and other deeds and writings relating to the said premises and mortgage now in his custody or power ; that the said John Thomas always considered the said premises as in mortgage only to ...
... Defendant would produce the said con- veyances and other deeds and writings relating to the said premises and mortgage now in his custody or power ; that the said John Thomas always considered the said premises as in mortgage only to ...
Page 19
... Defendant or by their order or for their use from the estates in the bill mentioned , and as to so much of the bill , as sought to have possession of the said estates or of the title - deeds and writings relative to the same , the Defendant ...
... Defendant or by their order or for their use from the estates in the bill mentioned , and as to so much of the bill , as sought to have possession of the said estates or of the title - deeds and writings relative to the same , the Defendant ...
Contents
341 | |
348 | |
350 | |
359 | |
360 | |
368 | |
370 | |
396 | |
48 | |
53 | |
68 | |
71 | |
94 | |
99 | |
116 | |
118 | |
123 | |
128 | |
137 | |
147 | |
150 | |
159 | |
182 | |
186 | |
192 | |
195 | |
205 | |
220 | |
248 | |
258 | |
261 | |
273 | |
285 | |
297 | |
304 | |
309 | |
317 | |
318 | |
326 | |
331 | |
400 | |
402 | |
421 | |
423 | |
429 | |
450 | |
458 | |
468 | |
477 | |
484 | |
492 | |
511 | |
522 | |
536 | |
549 | |
554 | |
612 | |
631 | |
654 | |
673 | |
685 | |
705 | |
706 | |
718 | |
725 | |
732 | |
736 | |
759 | |
759 | |
759 | |
xxix | |
Common terms and phrases
administrators aforesaid age of twenty-one agreement annuity apply appointed assigns Attorney Bank Annuities bill was filed bond charge child circumstances claim codicil conveyance copyhold Court of Equity covenant creditor daughter death debts decease declared decree deed Defendant demurrer devised directed dividends Duke Edward Mayne Elizabeth entitled executed executors farther feoffment fund give given Henry Hervey Aston husband intention interest issue male John Mitford lands lease leasehold estates legacy legatee Lois Andrew Lord CHANCELLOR LOUGHBOROUGH Lord Hardwicke Lord Thurlow maintenance marriage Mary Master mortgage opinion paid parties payable payment personal estate Plaintiff possession premises principal purchase question real estate received remainder rents and profits residue revoked RICHARD PEPPER ARDEN rule settlement Sir John Statute Statute of Frauds survivor tenant term testator's thereof Thomas tion trust vested wife Willenhall William words
Popular passages
Page 158 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) 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...
Page 553 - Britain, to be paid to the said [clerk of records and writs], his certain attorney, executors, administrators, or assigns. For which payment to be well and faithfully made, we bind ourselves, and each of us, our and each of our heirs, executors, and administrators, firmly by these presents, sealed with our seals.
Page 691 - ... to the use of Sir Jacob Gcrrard Doiening, for life, remainder to trustees to preserve contingent remainders, remainder to the use of his first and other sons successively...
Page 104 - I take it to be certain, also, that it is not enough for the testator to have charged his real estate with, or in any manner devoted it to the payment of his debts ; that the rule of construction is such as aims at finding, not that the real estate is charged, but that the personal estate is discharged.
Page 295 - These cases may be thus defined : where the object of a testator's bounty, or the subject of disposition (ie person or thing intended) is described in terms, which are applicable indifferently to more than one person or thing, evidence is admissible to prove which of the persons or things so described was intended by the testator.
Page 609 - Court to say, for there is no language in the will for it, that those legacies shall be payable at the end of a year from the death of the testator...
Page 445 - ... be presumed, in the absence of any intimation of a contrary intention, that the legacy was meant by the testator as a satisfaction of the debt...
Page 759 - Where a copyhold which had been surrendered to the use of a will was devised to A. and his heirs, in trust for B. and his heirs, upon the death of B.
Page 233 - The consequence would be, the assignees of the separate estate must file a bill to restrain the dividend upon all these proofs, and make the partners parties. But there is another circumstance ; it is a contrivance to throw this upon the separate estate ; for what hinders them from recovering at law this debt against the partnership, for it is money paid to one of the partners ? They have nothing to do but to bring an action against the partners. The affairs of the partnership may...
Page 40 - modern and more reasonable practice is, to give to the language its just sense, and to search for the precise meaning, and one requisite to give due and fair effect to the contract, without adopting either the rule of a rigid or of an indulgent construction.