A Treatise on the Practice of the High Court of Chancery: With Some Practical Observations on the Pleadings in that Court, 1. köideI.G. M'Kinley & J.M.G. Lescure, 1845 |
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Page 43
... mortgage in respect of his right to the surplus of his estate ; and in Benfield v . Solo- mons , ( o ) a demurrer was allowed to a bill by a bankrupt against a mortgagee of estates in England and Berbice , for an account and payment of ...
... mortgage in respect of his right to the surplus of his estate ; and in Benfield v . Solo- mons , ( o ) a demurrer was allowed to a bill by a bankrupt against a mortgagee of estates in England and Berbice , for an account and payment of ...
Page 61
... mortgage , which she was not liable to pay , the Master of the Rolls said he must take care of the infant , and not suffer her to be caught by any mistake of her agent ; and therefore , the infant was allowed to amend her bill , on ...
... mortgage , which she was not liable to pay , the Master of the Rolls said he must take care of the infant , and not suffer her to be caught by any mistake of her agent ; and therefore , the infant was allowed to amend her bill , on ...
Page 73
... mortgage of an estate which has been mortgaged or sold , and in order to effect such sale or mortgage she has joined in levying a fine of her share , and for that purpose has undergone the usual ( p ) For a decree for payment to husband ...
... mortgage of an estate which has been mortgaged or sold , and in order to effect such sale or mortgage she has joined in levying a fine of her share , and for that purpose has undergone the usual ( p ) For a decree for payment to husband ...
Page 95
... mortgage of the wife's estate , and the defendants put in a plea to the bill , which was overruled , for which 57. costs were given to the plaintiffs ; upon the death of the husband a question arose as to who was entitled to the costs ...
... mortgage of the wife's estate , and the defendants put in a plea to the bill , which was overruled , for which 57. costs were given to the plaintiffs ; upon the death of the husband a question arose as to who was entitled to the costs ...
Page 101
... mortgage in fee as well as her mortgage for a term , ( 1 ) though the contrary appears to have been considered as law in Packer v . Wynd- ham . ( m ) It is to be observed , that although the husband is considered entitled to assign the ...
... mortgage in fee as well as her mortgage for a term , ( 1 ) though the contrary appears to have been considered as law in Packer v . Wynd- ham . ( m ) It is to be observed , that although the husband is considered entitled to assign the ...
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Common terms and phrases
action affidavit alleged allowed amend his bill amended bill answer appears apply assignees Attorney bankrupt behalf bill was filed brought cause chose in action claim clerk in Court contempt costs Court of Chancery Court of Equity Court of Exchequer creditors debt decree defendant demurrer Dick dismissed entitled executor feme covert file a bill forma pauperis granted ground heir held husband Ibid infant injunction insolvent interest issue jurisdiction Lord Chancellor Lord Eldon Lord Hardwicke Lord Red Lord Thurlow Lordship lunatic matter mortgage mortgagor motion necessary party objection observed obtained order to amend original bill payment personal estate petition plaintiff plea pleaded prayed principle proceedings prochein amy purpose referred relief respect rule Russ settlement solicitor subpæna subpoena sued suit supplemental bill Thomas Plumer tion trustees Vern Vice Chancellor vide etiam wife wife's writ
Popular passages
Page 23 - ... made, we bind ourselves and each of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 295 - Lordship in this Honorable Court ; and then and there, full, true, direct, and perfect answer make to all and singular the premises; and further, to stand to, perform, and abide such further order, direction (and decree), therein, as to your Lordship shall seem meet. And your orator shall ever pray, &c.
Page 46 - Recognizance ; and if at any Time it shall appear to the Satisfaction of the said Court that such Prisoner is of Ability to pay such Debts or any Part thereof, or that he is dead, leaving Assets for that Purpose...
Page 372 - ... and therefore we command you, any three or two of you, that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real...
Page 161 - ... and that in either case there is just ground to believe that such defendant is gone out of the realm or otherwise absconded to avoid being served...
Page 53 - ... of bankruptcy, respectively, unless the other party in such action shall, if defendant, at or before pleading, and, if plaintiff, before issue joined, give notice in writing to such assignee, commissioner, or other person, that he intends to dispute some and which of such matters...
Page 169 - IT is the constant aim of a Court of Equity to do complete justice by deciding upon and settling the rights of all persons interested in the subject of the suit, so as to make the performance of the order of the Court perfectly safe to those who are compelled to obey it, and to prevent future litigation...
Page 244 - ... to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, or Master of the Rolls...
Page 46 - ... creditor under the commission fifteen shillings in the pound, such certificate shall only protect his person from arrest and imprisonment, but his future estate and effects (except his tools of trade and necessary household furniture, and the wearing apparel of himself, his wife and children), shall vest in the assignees under the said commission, who shall be entitled to seize the same in like manner as they might have seized property of which such bankrupt was possessed at the issuing the commission.
Page 39 - ... shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person or persons other than the right or title of the offender or offenders during his, her, or their natural lives only...