Commentaries on Equity Jurisprudence: Founded on Story |
Contents
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Common terms and phrases
21 Beav 30 Beav 9 Ves agreement Ambl applied assets assignment Att.-Gen benefit bequest bill Bligh cestui que trust Chancery choses in action circumstances claim Clarke common law compel contract conveyance Court of Chancery courts of equity courts of law creditors Davis debt debtor decree deed deemed devised doctrine donatio mortis causa dower Duke Earl enforce entitled execution executor favour Fonbl fraud Freem Giff grant ground heirs held injunction instrument intention interest interfere interpleader Jones jurisdiction L. J. Ch L. R. 1 Chan land legacy legatee Litt Lord Loscombe marriage ment Meriv mistake mortgage notice partner partnership party payment personal estate plaintiff possession principle purchaser real estate relief remedy at law rent restrain rule Russ settlement Smith specific performance Stat statute Story surety Swanst tenant tion Vern void
Popular passages
Page 246 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith...
Page 56 - It 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 and fair man would accept on the other...
Page 21 - The true meaning of this maxim is, that equity will treat the subject-matter, as to collateral consequences, and incidents, in the same manner as if the final acts contemplated by the parties had been executed exactly as they ought to have been ; not as the parties might have executed them.
Page 166 - Every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, shall pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of...
Page 263 - Viet. c. 27, s. 2— which enacts, that " in all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract, or agreement...
Page 314 - It may be remarked, In conclusion, upon the subject of special injunctions, that courts of equity constantly decline to lay down any rule which shall limit their power and discretion as to the particular cases in which such injunctions shall be granted or withheld.
Page 178 - ... the heir or devisee to whom such land or hereditaments shall descend or be devised, shall not be entitled to have the mortgage debt discharged or satisfied out of the personal estate, or any other real estate of such person...
Page 7 - 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 305 - I can only say that if the parts which have been copied cannot be separated from those which are original without destroying the use and value of the original matter, he who has made an improper use of that which did not belong to him must suffer the consequences of so doing.
Page 268 - ... who, not claiming any title or interest therein himself, and not knowing to which of the claimants he ought of right to render the debt or duty...