Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 32Soney & Sage, 1880 - Law reports, digests, etc |
From inside the book
Results 6-10 of 28
Page 147
... some other estate not accounted for ; in which case he shall be entitled to have his debt , demand or claim paid thereout , or to a Hart u . Schenck . ratable proportion thereof in case 5 STEW . ] 147 FEBRUARY TERM , 1880 .
... some other estate not accounted for ; in which case he shall be entitled to have his debt , demand or claim paid thereout , or to a Hart u . Schenck . ratable proportion thereof in case 5 STEW . ] 147 FEBRUARY TERM , 1880 .
Page 148
... SCHENCK and wife and others . A complainant , under a judgment at law , had levied on certain prop- erty which was claimed by the defendant's wife . He thereupon filed a creditor's bill , alleging that if the title to the property had ...
... SCHENCK and wife and others . A complainant , under a judgment at law , had levied on certain prop- erty which was claimed by the defendant's wife . He thereupon filed a creditor's bill , alleging that if the title to the property had ...
Page 149
... Schenck and wife . THE CHANCELLOR . The bill states that on or about January 30th , 1869 , the complainant and the defendant John G. Schenck made a settlement of their business dealings , and the former was found to be indebted to the ...
... Schenck and wife . THE CHANCELLOR . The bill states that on or about January 30th , 1869 , the complainant and the defendant John G. Schenck made a settlement of their business dealings , and the former was found to be indebted to the ...
Page 150
... Schenck , the minor child of Schenck and his wife , for Schenck's right , title and interest in and to the prop- erty ; that the deed to Schenck's wife was not recorded until January 18th , 1876 , and was then left for record at the ...
... Schenck , the minor child of Schenck and his wife , for Schenck's right , title and interest in and to the prop- erty ; that the deed to Schenck's wife was not recorded until January 18th , 1876 , and was then left for record at the ...
Page 151
... Schenck's answer admits that he gave the note , and that judgment was recovered on it , but denies that he was ... Schenck when they were assigned to his wife ; that George H. Hart , her uncle , held them in secret trust for him as part ...
... Schenck's answer admits that he gave the note , and that judgment was recovered on it , but denies that he was ... Schenck when they were assigned to his wife ; that George H. Hart , her uncle , held them in secret trust for him as part ...
Other editions - View all
Common terms and phrases
acres agreement alleged amount annuity answer appears assessment assignment Bank Beav bill bond and mortgage C. E. Gr chancellor claim Colt complainant complainant's consideration contract conveyance conveyed court court of chancery court of equity creditors Dayton death debt deceased declared decree deed defendant deposit divorce East Jersey encumbrance entitled equity evidence executed executors fact filed final hearing foreclosure fraud gage given Graham granted ground hearing on pleadings heirs held husband injunction insolvency intended interest invested Jersey City John judgment land legacy legatee Lehigh Valley liable lien marriage matter mechanics lien Melick ment Morgan G mort mortgage mortgaged premises mortgagor Newark owner paid parties payment person plainant proof purchase question railroad real estate received relief respondent Roswell L says Schenck share sold statute Stew suit testator's testatrix testimony thereof tion trust Vail Vreeland wife Williams
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...