Reports of Cases Argued and Determined in the Court of Chancery and in the Prerogative Court of the State of New Jersey, Volume 2

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Hugh & Yard, 1867 - Equity

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Page 457 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances...
Page 190 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Page 190 - Signed, sealed published and declared by the above named James Miller to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator.
Page 539 - ... one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partition thereof, according to the respective rights of the persons interested therein ; and for a sale of such property, or a part of it, if it appear that a partition cannot be made without great prejudice to the owners.
Page 19 - That it shall not be lawful, at any time during the said railroad charter, to construct any other railroad or railroads in this State, without the consent of the said companies, which shall be intended or used for the transportation of passengers or merchandise between the cities of New York and Philadelphia, or to compete in business with the railroad authorized by the act to which this supplement is relative, etc.
Page 436 - And also all the estate, right, title, interest, possession, claim and demand whatsoever as well in law as in equity of the said parties of the first part, of, in or to the above described premises, and every part and parcel thereof, with the appurtenances.
Page 29 - A creditor shall not be permitted to split up a single cause of action into many actions, without the assent of his debtor, since it may subject him to many embarrassments and responsibilities not contemplated in his original contract.
Page 80 - If an estate in land be given to the husband and wife, or a joint purchase be made by them during coverture, they are not properly joint tenants, nor tenants in common, for they are but one person in law, and cannot take by moieties. They are both seised of the entirety, and neither can sell without the consent of the other, and the survivor takes the whole...
Page 106 - ... complainant. Whether the bond and mortgage was actually in the hands of the defendant was totally immaterial. It was in his presence open to examination. It was treated as a subsisting debt, both by the mortgagor who was about to sell and by the defendant who was about to purchase and to assume the payment of the mortgage debt as a part of the consideration of the purchase. It is certainly a remarkable circumstance, the effect of which can be overcome only by very clear evidence, that the complainant...
Page 121 - When, therefore, the existence of a person, a personal relation, or a state of things is once established by proof, the law presumes that the person, relation, or state of things continues to exist as before, until the contrary is shown or until a different presumption is raised, from the nature of the subject in question.

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