Reports of Cases Argued and Determined in the High Court of Chancery: Commencing in Michaelmas Term, 1815 [to the End of the Sittings After Michaelmas Term, 1817], Volume 1Butterworths, 1817 - Equity |
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Common terms and phrases
admitted advowson aforesaid afterwards agreement alleged ALLISTON annuity answer applied appointed assignment Attorney bankrupt bequeathed bequest bill BLUNDELL BOOTLE broker charged charitable purposes charity Charlotte Williams child circumstances city of London clause codicil consent contended contract Court Court of Equity covenants creditors death debts decease decided decree deed Defendant devised directed effect entitled equity evidence Ex Parte DYSTER executed executors expressed favour fendant filed former give given GORDON ground heirs impertinence intention interest issue lease leasehold leasehold estate legacies legatees Lord CHANCELLOR Lord Thurlow Lordship Master ment mentioned MILLS mortgage motion named objects paid parties payment personal estate petition Plaintiff possession premises present principle purchase question real estate Reed reference rents and profits residue respect Robert Donn ROLLS rule shew Sir Samuel Romilly specific performance statute supposed taken term testator's testatrix thereof tion transactions trustees William Ashby words
Popular passages
Page 612 - Presumably, it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle all accounts current are settled, and particularly cash accounts.
Page 310 - Si ceux qui ont péri ensemble avaient moins de quinze ans, le plus âgé sera présumé avoir survécu. — S'ils étaient tous au-dessus de soixante ans, le moins âgé sera présumé avoir survécu. — Si les uns avaient moins de quinze ans, et les autres plus de soixante, les premiers seront présumés avoir survécu.
Page 181 - Orford, by deed or will, should appoint ; and in default of appointment, " to the use of the right heirs of the said Samuel Rolle for ever.
Page 163 - The artificial refinements and distinctions incident to the property of a great and commercial people, the laws of police and revenue (such especially as are enforced by penalties), the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force.
Page 180 - It then witnessed, that for and in consideration of the natural love and affection which the said George Earl of Orford had and bore unto his relations, the heirs of the said Samuel Rolle, and to the intent that the manors, messuages, lands, tenements, and hereditaments, thereinafter mentioned, 1819.
Page 163 - But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law, as is applicable to their own situation and the condition of an infant colony ; such, for instance, as the general rules of inheritance, and of protection from personal injuries.
Page 201 - ... private capacities; and an action of debt may, in such case, be brought against them, or any of them, their, or any of their heirs, executors, or administrators, in any court...
Page 168 - In its causes, its objects, its provisions, its qualifications, and its exceptions', it is a law wholly English, calculated for purposes of local policy, complicated with local establishments, and incapable, without great incongruity in the effect, of being transferred as it stands, into the code of any other country.
Page 138 - Prima fade, a bequest over to the survival' of two persons, after the death of one without issue, furnishes this presumption, for it will be intended that the survivor was meant individually and personally to enjoy the legacy, and not merely to take a vested interest, which might or might not be accompanied by actual possession.
Page 312 - There are many instances in which principles of law have been adopted from the Civilians by our English Courts of Justice ; but none that I know of in which they have adopted presumptions of fact from the rules of the civil law V § 630 b.