Reports of Cases Argued and Determined in the High Court of Chancery, from the Year M DCC LXXXIX to M DCCC XVII: With a Digested Index, Volum 16C.C. Little and J. Brown, 1845 |
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Side 130
... REFERENCES TO AMERICAN LAW , AND SUBSEQUENT ENGLISH DECISIONS , BY CHARLES SUMNER , ESQ . Omne jus , quod est certum , aut scripto , aut moribus constat . Dubium æquitatis regula examinandum est . Quæ scripta sunt , aut pusita in more ...
... REFERENCES TO AMERICAN LAW , AND SUBSEQUENT ENGLISH DECISIONS , BY CHARLES SUMNER , ESQ . Omne jus , quod est certum , aut scripto , aut moribus constat . Dubium æquitatis regula examinandum est . Quæ scripta sunt , aut pusita in more ...
Side 141
... 7 ] ( 1 ) See ante , Halsey v . Grant , vol . xiii . 73 ; Drewe v . Hanson , vi . 675 , and the references ; Calcraft v . Roebuck , i . 221 ; and the note , 226 . ises ; and there is a late case at the 5 [ 1808 . MILLIGAN v . COOKE .
... 7 ] ( 1 ) See ante , Halsey v . Grant , vol . xiii . 73 ; Drewe v . Hanson , vi . 675 , and the references ; Calcraft v . Roebuck , i . 221 ; and the note , 226 . ises ; and there is a late case at the 5 [ 1808 . MILLIGAN v . COOKE .
Side 143
... reference to this property than is contained in the particular , the purchaser is also entitled to say , it was represented , that , independent of the objection from the nature of the lease , the property was Lord Chesterfield's ; and ...
... reference to this property than is contained in the particular , the purchaser is also entitled to say , it was represented , that , independent of the objection from the nature of the lease , the property was Lord Chesterfield's ; and ...
Side 149
... reference to the principle , stated in these late cases , now before me ; which in effect , ( and it would be better to do it in words ) destroys all the authorities ; as no two cases will probably ever be the same . The sum of 501 ...
... reference to the principle , stated in these late cases , now before me ; which in effect , ( and it would be better to do it in words ) destroys all the authorities ; as no two cases will probably ever be the same . The sum of 501 ...
Side 150
... reference to the value , taken by each res- pectively , the value of that contingent interest in the bankrupt , de- pending upon the event of his nephew's death under the age of 21 , must be appreciated . In that respect therefore this ...
... reference to the value , taken by each res- pectively , the value of that contingent interest in the bankrupt , de- pending upon the event of his nephew's death under the age of 21 , must be appreciated . In that respect therefore this ...
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act of bankruptcy admitted affidavit age of twenty-one agreement Annuities answer ante appear application appointed assignment Attorney bankrupt breach of trust cause circumstances Commission consideration considered contract copyhold costs Court of Equity covenant creditors David Thomson death debts decease declared Decree deed Defendant directed doctrine effect entitled evidence execution executors farther fendant freehold give ground heirs House of Lords husband Injunction instance intention interest issue joint judgment land lease leasehold estates legacies lien limitation Lord CHANCELLOR Lord Hardwicke Lord Thurlow marriage Master ment Motion notice object Order paid parties payment personal estate Petition Plaintiff plea possession premises principle purchaser purpose question real estate recovery refused rent residue settlement Sir Samuel Romilly Solicitor taken tenant in tail term testator's Thomas Thomas Massey timber tion transaction trustees vendor wife William Juxon William Levinz
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Side 156 - Stockdale, and the survivors and survivor of them, and the heirs, executors and administrators of such survivor...
Side 248 - ... he directed that the share or shares of him, her, or them so dying...
Side 253 - Bart., deceased, and his assigns, for and during the term of his natural life, without impeachment of or for any manner of waste; and...
Side 312 - That no Parson, Vicar, Minister or Curate shall be obliged to publish the Banns of Matrimony between any Persons whatsoever, unless the Persons to be married shall, Seven Days at the least before the Time required for the first Publication of such Banns respectively, deliver or...
Side 367 - the foundation of this jurisdiction, that is, interfering by injunction, is that head of mischief alluded to by Lord Hardwicke, that sort of material injury to the comfort of the existence of those who dwell in the neighbouring house, requiring the application of a power to prevent, as well as remedy, an evil for which damages more or less would be given in an action at law.
Side 238 - Where the act is a breach of duty in the trustee, it is very fit that those who deal with him should be affected by an act tending to defeat the trust of which they have notice. But where the sale is made by the trustee in performance of his duty, it seems extraordinary that he should not be able to do what one should think incidental to the right exercise of his power ; that is, to give a valid discharge for the purchase-money, (c) 34.
Side 378 - ... for life, without impeachment of waste, remainder to trustees to preserve contingent remainders ; remainder to the use of the...
Side 353 - Morgan, . . . who shall come in and seek relief by and contribute to the expense of this suit.
Side 441 - But although the covenant be for him and his assigns, yet if the thing to be done be merely collateral to the land, and doth not touch or concern the thing demised in any sort, there assignee shall not be charged.