Handbook of Equity Jurisprudence |
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Common terms and phrases
action actual notice agreement Allen Appeal apply assignment Attorney Bank Beav bona fide purchaser Brown cestui que trust chancery Clark common law Conn constructive notice contract conveyance court of chancery court of equity covenant created creditor damages debt debtor decree deed doctrine enforced entitled Ex'rs executed express fact fraud fraudulent gift grant grantor ground H. L. Cas heirs held injunction instrument intention interest Iowa Jones jurisdiction land legal title liable lien Lord Mass maxim Minn Miss mistake mortgage mortgagor Mylne N. J. Eq Ohio St Paige parties payment person plaintiff possession principle real estate relief remedy resulting trust rule settlor Smith South specific performance statute statute of frauds Swanst testator's tion transaction vendor voidable W. R. Co White
Popular passages
Page 7 - 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 46 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Page 187 - A charity, in the legal sense, may be more fully defined as a gift, to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Page 176 - A man may transfer his property without valuable consideration in one of two ways: he may either do such acts as amount in law to a conveyance or assignment of the property, and thus completely divest himself of the legal ownership, in which case the person who by those acts acquires the property takes it beneficially, or on trust, as the case may be; or the legal owner of the App.
Page 7 - The doctrines of this court ought to be as well settled, and made as uniform almost as those of the common law, laying down fixed principles, but taking care that they are to be applied according to the circumstances of each case. I cannot agree that the doctrines of this court are to be changed with every succeeding judge.
Page 82 - ... put a prudent man upon inquiry, which, if prosecuted with ordinary diligence, would lead to actual notice of the right or title in conflict with that which he is about to purchase.
Page 26 - So an agreement in writing to give a mortgage, or a mortgage defectively executed, or an imperfect attempt to create a mortgage, or to appropriate specific property to the discharge of a particular debt, will create a mortgage in equity, or a specific equitable lien on the property intended to be mortgaged: Daggett v.
Page 187 - The relief of aged, impotent and poor people, the maintenance of sick and maimed soldiers and mariners, schools of learning, free schools, and scholars...
Page 132 - Fraud may be apparent, from the intrinsic nature and subject of the bargain itself, such as no man in his senses and not under delusion would make, on the one hand, and as no honest or fair man would accept, on the other, which are inequitable and unconscionable bargains ; and of such even the common law has taken notice.
Page 194 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.