Commentaries on Equity Jurisprudence: As Administered in England and America, Volume 1Little, Brown, 1886 - Equity |
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Page 11
... contract debts of the ancestor or devisor , although the money was laid out in purchasing the very land ; and that the father shall never immediately succeed as heir to the real estate of the son . But a Court of Equity can give no ...
... contract debts of the ancestor or devisor , although the money was laid out in purchasing the very land ; and that the father shall never immediately succeed as heir to the real estate of the son . But a Court of Equity can give no ...
Page 84
... contract ; as where a promise to pay rent is absolute , or a promise to do something on a certain day or within a certain time is made in such terms as to show that the understand- ing was , that performance on that par- ticular day or ...
... contract ; as where a promise to pay rent is absolute , or a promise to do something on a certain day or within a certain time is made in such terms as to show that the understand- ing was , that performance on that par- ticular day or ...
Page 85
... contract , it must be made then ; if not , payment on a sub- sequent day , within a reasonable time , will be good , in equity at least , by nec- essary consequence . See Hearst v . Pujol , 44 Cal . 230 ; Beecher v . Beecher , 43 Conn ...
... contract , it must be made then ; if not , payment on a sub- sequent day , within a reasonable time , will be good , in equity at least , by nec- essary consequence . See Hearst v . Pujol , 44 Cal . 230 ; Beecher v . Beecher , 43 Conn ...
Page 86
... contract , though there may still be something short of actual intention to confer a gift . Hancock v . Carlton , 6 Gray , 39 , 52 , 57. There is something like an abandonment of a right in such a case . It will be noticed that the ...
... contract , though there may still be something short of actual intention to confer a gift . Hancock v . Carlton , 6 Gray , 39 , 52 , 57. There is something like an abandonment of a right in such a case . It will be noticed that the ...
Page 97
... contract being a mere security , and time not being of the essence of the contract , and the unconscionableness of insist- ing upon taking the land for the money . Seton v . Slade , 7 Ves . 273 , 274 ; Lenon v . Napper , 2 Sch . & Lefr ...
... contract being a mere security , and time not being of the essence of the contract , and the unconscionableness of insist- ing upon taking the land for the money . Seton v . Slade , 7 Ves . 273 , 274 ; Lenon v . Napper , 2 Sch . & Lefr ...
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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...