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 5
... taken to restrain Robert Smith and Co. from using the mark " M. C. " The reason for this forbearance , as given by Charles Morgan , in an affidavit sworn in the cause , was , that the works re- mained unoccupied until they were taken by ...
... taken to restrain Robert Smith and Co. from using the mark " M. C. " The reason for this forbearance , as given by Charles Morgan , in an affidavit sworn in the cause , was , that the works re- mained unoccupied until they were taken by ...
Page 10
... taken place . It is , on the contrary , sworn , and not denied , that the Defendants ' boxes are so marked that it is impossible to mistake them for those of the Plaintiffs . The rule on this subject is the same in equity as at law ...
... taken place . It is , on the contrary , sworn , and not denied , that the Defendants ' boxes are so marked that it is impossible to mistake them for those of the Plaintiffs . The rule on this subject is the same in equity as at law ...
Page 19
... taken pro confesso : that on the 29th of June 1833 , a decree was made by the Master of the Rolls in Ireland , by which it was ordered that the bill should be taken pro confesso , and that Stewart should bring the bond into Court ; and ...
... taken pro confesso : that on the 29th of June 1833 , a decree was made by the Master of the Rolls in Ireland , by which it was ordered that the bill should be taken pro confesso , and that Stewart should bring the bond into Court ; and ...
Page 21
... taken possession of Stewart's papers , and , amongst them , of the bond in question , and two draft copies of letters written by Stewart to the Plaintiff , relative to the bond , and a draft copy or extract of some letter written by ...
... taken possession of Stewart's papers , and , amongst them , of the bond in question , and two draft copies of letters written by Stewart to the Plaintiff , relative to the bond , and a draft copy or extract of some letter written by ...
Page 24
... taken upon the bond ; that the Court had an undoubted jurisdiction to order a bond , given under such circumstances as were alleged in this case , to be delivered up ; that Stewart , who knew what the consideration was for which the ...
... taken upon the bond ; that the Court had an undoubted jurisdiction to order a bond , given under such circumstances as were alleged in this case , to be delivered up ; that Stewart , who knew what the consideration was for which the ...
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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...