Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 32 |
From inside the book
Results 1-5 of 48
Page 5
The sole question for determination is as to the existence and validity of the interest , estate , right or encumbrance in question . The fact that there has been a sale of the land under the assessment proceedings will not of itself ...
The sole question for determination is as to the existence and validity of the interest , estate , right or encumbrance in question . The fact that there has been a sale of the land under the assessment proceedings will not of itself ...
Page 30
The complainants , it is true , in their affidavit annexed to the bill , swear to the existence of the agreement , and that the provision embodying it was omitted by mistake from the deed ; but , as before mentioned , they do not swear ...
The complainants , it is true , in their affidavit annexed to the bill , swear to the existence of the agreement , and that the provision embodying it was omitted by mistake from the deed ; but , as before mentioned , they do not swear ...
Page 31
On the affidavits of the parties , and the statements in their respective pleadings , the case stands thus : The existence of the agreement is affirmed by the complainants and as positively denied by the defendants ; neither the bill ...
On the affidavits of the parties , and the statements in their respective pleadings , the case stands thus : The existence of the agreement is affirmed by the complainants and as positively denied by the defendants ; neither the bill ...
Page 32
Doughty . that the relief sought by the bill ought to be granted on the ground of the existence of the agreement itself , irrespective of the prayer for reformation . It is enough to say on this point that the existence of the agreement ...
Doughty . that the relief sought by the bill ought to be granted on the ground of the existence of the agreement itself , irrespective of the prayer for reformation . It is enough to say on this point that the existence of the agreement ...
Page 37
Sage appears to have had actual notice of the existence of the complainant's mortgage . Mr. Anderson swears that Sage , when he took his mortgage , knew that he ( Anderson ) had given the complainant's mortgage , and Sage , who was ...
Sage appears to have had actual notice of the existence of the complainant's mortgage . Mr. Anderson swears that Sage , when he took his mortgage , knew that he ( Anderson ) had given the complainant's mortgage , and Sage , who was ...
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Common terms and phrases
according action admitted agreed agreement alleged amount answer appears applied assessments assignment authority Bank benefit bill bond building C. E. Gr cause chancellor charge circumstances claim complainant complainant's consideration contract conveyed corporation costs court creditors death debt decree deed defendant denied directed effect entitled equity evidence executed executors existence fact father filed fraud fund gave give given granted ground hands held husband intended interest invested issue John judgment land leaving legacy lien matter ment mortgage necessary notice obtained owner paid parties payment person possession premises present proceedings proof purchase question reason received relief respect respondent rule says Schenck share sold statute Stew street subsequent suit taken testimony thereof tion trust wife
Popular passages
Page 407 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Page 308 - ... contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Page 37 - And also, all the estate, right, title, interest, dower, and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances...
Page 36 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances...
Page 433 - This suit is brought under the act "to compel the determination of claims to real estate in certain cases, and to quiet the title to the same.
Page 172 - A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed.
Page 31 - It is clear that a person who seeks to rectify a deed upon the ground of mistake must be required to establish, in the clearest and most satisfactory manner, that the alleged intention to which he desires it to be made conformable continued concurrently in the minds of all parties down to the time of its execution, and also must be able to show exactly and precisely the form to which the deed ought to be brought.
Page 223 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Page 230 - When the demands of both parties spring out of the same contract or transaction, the defendant may recoup, although the damages on both sides are unliquidated ; but he can only set off when the demands of both parties are liquidated, or capable of being ascertained by calculation.
Page 370 - ... faithfully and impartially to examine the matter in question and' to make a true" report according to the best of their skill and understanding...
Bibliographic information
| Title | Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 32 |
| Author | New Jersey. Court of Chancery |
| Publisher | Soney & Sage, 1880 |
| Original from | Harvard University |
| Digitized | 7 May 2008 |
| Export Citation | BiBTeX EndNote RefMan |