Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Cottenham, with a Few in the Time of the Lords Commissioners, and of Sir C. C. Pepys, Master of the Rolls, Volume 3Saunders and Benning, 1839 - Equity |
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Page 7
... charges of the bill above stated were repeated , in the same terms , in an affidavit sworn by the Plaintiff Robert Smith in support of the bill . He also stated , in the same affidavit , that at a meeting of the persons en- gaged in the ...
... charges of the bill above stated were repeated , in the same terms , in an affidavit sworn by the Plaintiff Robert Smith in support of the bill . He also stated , in the same affidavit , that at a meeting of the persons en- gaged in the ...
Page 19
... charged , that the only consideration given by Stewart for the bond was money won from Leeson by Stewart , by betting at horse races and other games as aforesaid ; notwithstanding which , Stewart , in the latter end of the year 1831 ...
... charged , that the only consideration given by Stewart for the bond was money won from Leeson by Stewart , by betting at horse races and other games as aforesaid ; notwithstanding which , Stewart , in the latter end of the year 1831 ...
Page 20
... charged that Stewart never paid or allowed any good or valuable consideration for the bond , and , therefore , that the Defendants ought to be restrained from proceeding in their action , or from taking any other proceedings at law ...
... charged that Stewart never paid or allowed any good or valuable consideration for the bond , and , therefore , that the Defendants ought to be restrained from proceeding in their action , or from taking any other proceedings at law ...
Page 23
... charged in the bill , and of the circum- stances under which the bond was given , and of the con- sideration for it , except as already mentioned , or as appeared by the before mentioned documents or papers , which they still had in ...
... charged in the bill , and of the circum- stances under which the bond was given , and of the con- sideration for it , except as already mentioned , or as appeared by the before mentioned documents or papers , which they still had in ...
Page 36
... charged with , and the Arrowsmiths might be ordered to refund a sufficient part of the personal estate so received , to answer the Plaintiffs ' demands ; and that Perkins , as executor of Sarah Matson , and Ray and J. G. Smith , as ...
... charged with , and the Arrowsmiths might be ordered to refund a sufficient part of the personal estate so received , to answer the Plaintiffs ' demands ; and that Perkins , as executor of Sarah Matson , and Ray and J. G. Smith , as ...
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Common terms and phrases
act of parliament affidavit aforesaid afterwards alleged amended annuities answer appears applied appointed assigns attorney benefit Bernal bill Birkenhead bond Carmarthen cause charged claim clause codicil costs Court court of equity creditors daughters death debt decease declared decree deed Defendants demurrer Denys directed dividends ELLICOMBE entitled equity execution executors fendants filed fund Gompertz grandson heirs injunction intended interest Isaac Isaac issue John Pinckard judgment Lady Shuckburgh legatees LORD CHANCELLOR Lord Eldon Lordship male descendants male lineal descendant marriage Master ment mentioned Millington Moore mortgage Mylne object ODDIE opinion paid parties payment personal estate petition Plaintiff plea present proceedings provision purchase purpose question referred respect shew Sir John Barrington Sir John Roger Smith solicitor sons suit survivor tail male testator's Thellusson therein thereof tion trust twenty-one Vice-Chancellor wife Wigram WOODFORD words
Popular passages
Page 166 - ... all right, title, interest and equity of redemption of, in and to the said premises ; and the Master is to settle the conveyance if the parties differ about the same.
Page 756 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Page 256 - 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 41 - 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 727 - A court of equity frequently refuses an injunction where it acknowledges a right, when the conduct of the party complaining has led to the state of things that occasions the application ; and therefore, without saying with whom the right is, whether it is in this lady, or whether it is concurrently in both, I think it is a case in which strict law only ought to govern.
Page 416 - Upon the construction of this statute it hath been holden, that if a trustee has conveyed the lands before execution sued, though he was seised in trust for the defendant at the time of the judgment, the lands cannot be taken in execution...
Page 130 - ... upon trust, as soon as conveniently might be after his decease, to convert the same into money, as therein mentioned.
Page 394 - ... to be filed in the office of the Lord Chancellor's secretary of bankrupts, containing a full and true account of the name or names of the creditor or creditors to whom such unclaimed dividend or dividends is or are...
Page 499 - ... been intrusted. Necessity, which includes the regular course of business in administering the property, will in equity exonerate the personal representative. But if, without such necessity, he be instrumental in giving to the person failing possession of any part of the property, he will be liable...
Page 114 - Rowley by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of and attested by two or more credible witnesses...