Commentaries on Equity Jurisprudence: As Administered in England and America, Volume 1Little, Brown, 1886 - Equity |
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Page 2
... law , as well as in the common law , there are many pacts , or promises of parties ( nude pacts ) , which produce no legal obligation capable of enforcement in foro externo , but which are left to be disposed of in foro conscientiæ only ...
... law , as well as in the common law , there are many pacts , or promises of parties ( nude pacts ) , which produce no legal obligation capable of enforcement in foro externo , but which are left to be disposed of in foro conscientiæ only ...
Page 5
... law . ' Jus autem civile , ' say the Pandects , est , quod ex legibus , ple- biscitis , senatusconsultis , decretis ... common law and equity , there were with that people actiones civiles et prætoriæ , et obligationes civiles , et ...
... law . ' Jus autem civile , ' say the Pandects , est , quod ex legibus , ple- biscitis , senatusconsultis , decretis ... common law and equity , there were with that people actiones civiles et prætoriæ , et obligationes civiles , et ...
Page 8
... law , that not only civilians but common law writers are most accustomed to speak ; 2 and thus many persons are misled into the false notion that this is the real and peculiar duty of Courts of Equity in England and America . St. German ...
... law , that not only civilians but common law writers are most accustomed to speak ; 2 and thus many persons are misled into the false notion that this is the real and peculiar duty of Courts of Equity in England and America . St. German ...
Page 9
... common law , in some circumstances , either of the matter , person , or time ; and often it dispenseth with the law itself . ' The matters , of which equity holdeth cognizance in its absolute power , are such as are not remediable at ...
... common law , in some circumstances , either of the matter , person , or time ; and often it dispenseth with the law itself . ' The matters , of which equity holdeth cognizance in its absolute power , are such as are not remediable at ...
Page 10
... law.1 10. Nor is this description of the Equity Jurisprudence of England confined to a few text writers . It ... common law will not decree against the general rule of law , yet chancery doth , so as the example introduce not a general ...
... law.1 10. Nor is this description of the Equity Jurisprudence of England confined to a few text writers . It ... common law will not decree against the general rule of law , yet chancery doth , so as the example introduce not a general ...
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Commentaries on Equity Jurisprudence: As Administered in England and America Joseph Story Limited preview - 2000 |
Common terms and phrases
Abridg agreement Allen applied Bank Beav bill bond Brown Chan Chancellor circumstances cited civil law Clark Comm common law condition contract conveyance Court of Chancery Courts of Equity Courts of Law creditor debt debtor decree deed deemed defendant discovery doctrine Domat doubt edit entitled execution executor fact favor Fonbl fraud fraudulent grant relief ground heir held Hist Ibid ignorance intention Jeremy on Eq John Jones judgment juris Jurisd jurisdiction Jurisprudence justice land Lect legacy Lord Eldon Lord Hardwicke Lord Thurlow Madd marriage Mass matter ment mistake of law Mitf mortgage Mylne nature notice Pand party payment person plaintiff Pothier principle purchaser reason remedy rent Roman law rule Smith statute Sugden supra surety Swanst tenant testator tion transaction trust undue vendor Vern void Wooddes
Popular passages
Page 14 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 389 - 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 112 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Page 18 - Jurisprudence may therefore properly be said to be that portion of remedial justice which is exclusively administered by a Court of Equity as contradistinguished from that portion of remedial justice which is exclusively administered by a Court of Common Law.
Page 430 - 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 222 - A seller is unquestionably liable to an action of deceit if he fraudulently represent the quality of the thing sold to be other than it is in some particulars which the buyer has not equal means with himself of knowing, or if he do so in such a manner as to induce the buyer to forbear making the inquiries which for his own security and advantage he would otherwise have made.
Page 333 - 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 504 - The principle established in the case of Deering v. Lord 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 23 - It must be adequate ; for if at law it falls short of what a party is entitled to, that founds a jurisdiction in equity. And it must be complete ; that is, it must attain the full end and justice of the case. It must reach the whole mischief, and secure the whole right of the party in a perfect manner, at the present time and in the future, otherwise equity will interfere and give such relief and aid as the particular case may require.
Page 401 - Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, incurnbrancc, or other circumstance affecting the property of which he had actual notice...