Commentaries on Equity Jurisprudence: As Administered in England and America, Volume 1 |
Common terms and phrases
9 Ves Abridg agreement applied attorney Beatt bill bond cestui que trust Chan Chancellor circumstances cited Civil Law Clark & Finnell Comm Common Law consideration Court of Chancery Courts of Equity Courts of Law creditors debtor debts decree deed deemed defective discovery doctrine Domat edit effect entitled equally execution executor fact favor fide Fonbl fraud fraudulent grant relief ground heir held Hist Ibid ignorance imposition intention Jeremy on Eq Johns judgment juris Jurisd jurisdiction justice Kent Lect legacy Lord Eldon Lord Hardwicke Lord Thurlow Madd marriage matter maxim mistake of law Mitf Mylne nature Newland on Contracts Pand party person plaintiff Pothier principle purchaser reason remedy Roman Law rule settlement statute Sugden Swanst tion transaction undue vendor Vern void voluntary conveyance Wooddes
Popular passages
Page 215 - in civil matters, where there is no express law, the judge is bound to proceed and decide according to equity. To decide equitably, an appeal is to be made to natural law and reason, or received usages where positive law is silent.
Page 426 - 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 21 - 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.
Page 218 - 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 473 - 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 223 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 233 - 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 573 - A surety,' to use the language of Sir S. Romilly 's reply, ' will be entitled to every remedy which the creditor has against the principal debtor, to enforce every security and all means of payment ; to stand in the place of the creditor, not only through the...
Page 266 - The doctrine therefore may be laid down as generally true, that the acts and contracts of persons who are of weak understandings, and who are thereby liable to imposition, will be held void in Courts of Equity if the nature of the act or contract justify the conclusion that the party has not exercised a deliberate judgment, but that he has been imposed upon, circumvented, or overcome by cunning, or artifice...
Page 259 - But to set aside any act or contract on account of drunkenness, it is not sufficient that the party is under undue excitement from liquor. It must rise to that degree which may be called excessive drunkenness, where the party is utterly deprived of the use of his reason and understanding...