Commentaries on Equity Jurisprudence: As Administered in England and America |
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Common terms and phrases
Abridg administration applied apportionment assets assignment Beav bill bond C. E. Green cestui que trust Chancery circumstances cited civil law common law compel constructive notice contract Courts of Equity Courts of Law Cox's note creditor debt decree deed doctrine donatio mortis causa dower entitled executor favor Fonbl fraud fraudulent fund gift ground heir held Ibid interest Jeremy on Eq John Jones judgment Jurisd jurisdiction justice land Lefr legacies legatees lien Lord Eldon Lord Hardwicke Lord Thurlow Madd marriage Mass matter ment mortgage mortis causa Mylne & Keen notice paid parties partner partnership payment Penn personal estate plaintiff Pothier principle purchaser reason relief rent Roman law rule Russ settlement Smith statute suit supra surety Swanst tenant testator tion transaction Vern void voluntary conveyance Younge & Coll
Popular passages
Page 391 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 520 - will be entitled to every remedy which the creditor has against the principal debtor, to enforce every security and all means of payment; to stand in the place of the creditor, not only through the medium 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 432 - The received construction in England at the time they are admitted to operate in this country, indeed to the time of our separation from the British Empire, may very properly be considered as accompanying the statutes themselves and forming an integral part of them. But however we may respect subsequent decisions, — and certainly they are entitled to great respect, — we do not admit their absolute authority.
Page 335 - Indeed, the proposition may be stated in a more general form, — that, if a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act, when required by the surety, which his duty enjoins him to do, and the omission proves injurious to the surety ; in all such cases the latter will be discharged, and he may set up such conduct as a defence to any suit brought against him, if not at law, at all events in equity.
Page 509 - Winchelsea, is universal, that the right and duty of contribution is founded in doctrines of equity ; it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors.
Page 464 - ... discharged, or reduced, by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle, all accounts current are settled, and particularly cash accounts. "When there has been a continuation of dealings, in what way can it be ascertained whether the specific balance due on a given day has, or has not, been discharged, but by examining whether payments to the amount of that balance appear by the account to have been...
Page 404 - And, generally, it may be stated as a rule on this subject, that where a purchaser cannot make out a title but by a deed, which leads him to another fact, he shall be presumed to have knowledge of that fact.
Page 364 - But then such a construction is not to be made in support of creditors as will make third persons sufferers. Therefore, the statute does not militate against any transaction &a/w fide, and where there is no imagination of fraud. And so is the common law.
Page 464 - In such a case,' it has been said by a very able judge, ' there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place and are carried into the account.