Reports of Cases Decided in the High Court of Chancery ...: With Notes and References to Both English and American Decisions ...Gould, Banks & Company, 1843 - Equity |
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Page 3
... equity , the rule is clear , that unless the plaintiffs have been guilty of mis- conduct or collusion , the court will assist them . It is to be remembered that the question is not betwen Raikes and Thornton , but between Daniloff and ...
... equity , the rule is clear , that unless the plaintiffs have been guilty of mis- conduct or collusion , the court will assist them . It is to be remembered that the question is not betwen Raikes and Thornton , but between Daniloff and ...
Page 7
... equity , that a tenant cannot dispute the title of his landlord , and so likewise an agent or servant who holds personal pro- perty * belonging to his principal or his master , cannot dispute his prin- [ * 12 ] cipal's or his master's ...
... equity , that a tenant cannot dispute the title of his landlord , and so likewise an agent or servant who holds personal pro- perty * belonging to his principal or his master , cannot dispute his prin- [ * 12 ] cipal's or his master's ...
Page 15
... equity ; but such a case could not be a subject for interpleader between the real and pretended owners . In such a case , the plaintiff would be asserting an equity for relief from a personal contract against one of the defendants ...
... equity ; but such a case could not be a subject for interpleader between the real and pretended owners . In such a case , the plaintiff would be asserting an equity for relief from a personal contract against one of the defendants ...
Page 17
... equity , it is defined to be where two or more persons claim the same debt or duty . It is no exception to the rule that a tenant or an agent cannot file a bill of interpleader against his landlord or his principal , that where the ...
... equity , it is defined to be where two or more persons claim the same debt or duty . It is no exception to the rule that a tenant or an agent cannot file a bill of interpleader against his landlord or his principal , that where the ...
Page 47
... Equity , therefore , has to look for the heir : and the question is , whether equity will not hold that person to be heir who would have inherited if the estate had not been in trust . " His lordship answered the question in the ...
... Equity , therefore , has to look for the heir : and the question is , whether equity will not hold that person to be heir who would have inherited if the estate had not been in trust . " His lordship answered the question in the ...
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Common terms and phrases
act of parliament affidavit aforesaid afterwards alleged amount Anna Tyler annuities answer appears applied appointed assigns attorney benefit Bernal bill of costs bond cause charged charity circumstances claim clause codicil contract corporation court court of chancery court of equity creditors daughters death debt decease declared decree deed defendant demurrer directed dividends entitled equity execution executors filed fund heirs injunction intended interest interpleader Isaac Isaac issue John John Vernon judgment jurisdiction Lady Shuckburgh Lechmere legacies legatees letter Lord Chancellor Lord Eldon Lordship male marriage master mentioned mortgage object opinion paid parties payment personal estate petition plaintiff possession present principle proceedings provision purchase purpose question received referred remainder respect Rolls Russ Samuel Heywood settlement Sir John Barrington solicitor statute suit testator's therein thereof tion trust Vernon Vice-Chancellor wife Wigram words
Popular passages
Page 223 - ... to be void or else to remain in full force and virtue.
Page 799 - Officer] to take an account of what is due to the plaintiff for principal and interest on the mortgage...
Page 625 - Act, or otherwise by law, the surplus thereof shall be applied under the direction of the council for the public benefit of the inhabitants and improvement of the borough.
Page 799 - Defendants, yet on a bill filed in equity, it was referred to the Master to take an account of what was due to the...
Page 533 - Bank 3 per cent. annuities, standing in the name of the AccountantGeneral, in trust in this cause, to the account of Waters, and 1981.
Page 711 - Every will that shall be made by a testator, in express terms, of all his real estate, or in any other terms denoting his intent to devise all his real property, shall be construed to pass all the real estate, which he was entitled to devise, at the time of his death.
Page 239 - ... should direct or appoint: and in default of such direction or appointment...
Page 799 - If a creditor does not come in till after the executor has paid away the residue, he is not without remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees, and bring back the fund, he may do so; but he cannot affect the legatees, except by suit; and he cannot affect the executor at all.
Page 799 - ... seised or possessed, in trust for him against whom execution is so sued, like as the sheriff or other officer might or ought to have done, if the said party against whom execution...
Page 711 - ... and also to all rights of entry for conditions broken, and other rights of entry; and also to such of the same estates, interests and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will.