Commentaries on Equity Jurisprudence: As Administered in England and America |
Common terms and phrases
Ambler applied appointment assignment Attorney-Gen authority award Beav bequest Bligh C. E. Green cestui que trust Chancellor charge charity choses in action circumstances common law contract Court of Chancery Courts of Equity Courts of Law covenant coverture creditor debts decree deemed devise doctrine Domat enforced entitled execution executor favor Fonbl Forum Roman fraud fund grant ground guardian heir held Ibid infant intention Jeremy on Eq John judgment jurisdiction justice land Lefr legacies lien Lord Chancellor Lord Eldon Madd marriage married woman matter Meriv mortgage Ne Exeat objects paid Paige party payment personal estate plaintiff Pothier principle proper purchase-money purchaser purpose real estate relief resulting trust Roman law Roper on Husb rule Russ separate estate set-off settlement Statute of Elizabeth suit tion vendor Vern witnesses writ Younge & Coll
Popular passages
Page 639 - ... in all cases where a condition of a bond, recognizance. &c., is possible at the time of the making of the condition, and before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &c., there the obligation, &c., is saved.
Page 761 - The law has said that married persons shall not be legally separated upon the mere disinclination of one or both to cohabit together. The disinclination must be founded upon reasons, which the law approves, and it is my duty to see whether those reasons exist in the present case.
Page 761 - For though, in particular cases, the repugnance of the law to dissolve the obligations of matrimonial cohabitation may operate with great severity upon individuals, yet it must be carefully remembered that the general happiness of the married life is secured by its indissolubility.
Page 608 - It makes no difference in reason or law into what other form, different from the original, the change may have been made, whether it be into that of promissory notes for the security of the money which was produced by the sale of the goods of the principal, as in Scott v. Surman, Willes, 400, or into other merchandize, as in Whitecomb v. Jacob, Salk.
Page 503 - ... objects may be, or whether the persons who are to take are in esse or not, or whether the legatee be a corporation capable in law of taking or not, or whether the bequest can be carried into exact execution or not...
Page 583 - ... is the constant habit of courts of equity to allow such possessor (as defendant) to deduct therefrom the full amount of all the meliorations and improvements which he has beneficially made upon the estate ; and, thus to recoup them from the rents and profits.
Page 732 - In all these cases, I take the foundation of the doctrine to be this; the wife has a separate estate subject to her own control, and exempt from all other interference or authority. If she cannot affect it, no one can; and the very object of the settlement which vests it in her exclusively, -is to enable her to deal with it as if she were discovert.
Page 581 - Mass. 325, by Chief Justice Parker, who said: "At common law no action lies by one tenant in common, who has expended more than his share in repairing the common property, against the deficient tenants, and for this reason our legislature has provided a remedy applicable to mills.
Page 495 - Russ. 260, a testator concluded his will, "in case there is any money remaining, I should wish it to be given in private charity.