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 100
Page 29
... Equity ; for the Defendant not being himself the mortgagor , no action would lie against him . If this was a real estate , as from the time of the demise in the ejectment the mesne profits might be recovered against the Defendant as a ...
... Equity ; for the Defendant not being himself the mortgagor , no action would lie against him . If this was a real estate , as from the time of the demise in the ejectment the mesne profits might be recovered against the Defendant as a ...
Page 30
... Equity . The question then is , whether against an assignee for valuable consideration of the actual profits only ( for she has no power over the office itself ) the present Duke can [ * 31 ] * retain them and refuse to hand them over ...
... Equity . The question then is , whether against an assignee for valuable consideration of the actual profits only ( for she has no power over the office itself ) the present Duke can [ * 31 ] * retain them and refuse to hand them over ...
Page 31
... equity . The claim of bond creditors for a distribution of assets is very dif- ferent ; for the moment the estate descends , the party knows , that he is liable to the debts . Whose fault is it , that there is no action against the ...
... equity . The claim of bond creditors for a distribution of assets is very dif- ferent ; for the moment the estate descends , the party knows , that he is liable to the debts . Whose fault is it , that there is no action against the ...
Page 37
... Equity to execute , in his favor , a written agreement , with an addition , or variation , introduced by parol testimony . See , ante , notes 1 and 3 to Calverly v . Williams , 1 V. 210 , the note to Hare v . Shearwood , 1 V. 241 , and ...
... Equity to execute , in his favor , a written agreement , with an addition , or variation , introduced by parol testimony . See , ante , notes 1 and 3 to Calverly v . Williams , 1 V. 210 , the note to Hare v . Shearwood , 1 V. 241 , and ...
Page 38
... equity , where the answer admits an agreement , has pre- vailed to the extent of binding the Defendant by that admission : Croyston v . Banes , Symondson v . Tweed , Pre . Ch . 208 , 374 ; Spurrier v . Fitzgerald , post , vol . vi . 548 ...
... equity , where the answer admits an agreement , has pre- vailed to the extent of binding the Defendant by that admission : Croyston v . Banes , Symondson v . Tweed , Pre . Ch . 208 , 374 ; Spurrier v . Fitzgerald , post , vol . vi . 548 ...
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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.