Reports of Cases Argued and Determined in the Court of Chancery and in the Prerogative Court of the State of New Jersey, Volum 1Hugh & Yard, 1865 |
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Reports of Cases Argued and Determined in the Court of Chancery and ..., Volum 2 Thomas Nesbitt McCarter Uten tilgangsbegrensning - 1867 |
Vanlige uttrykk og setninger
adm'r administrator agreement alleged amount answer appears applied assignment bona fide purchaser bond and mortgage Bulkley cause cestui que trust CHANCELLOR charge chattels claim Company complainant complainant's contract conveyance conveyed costs Court of Chancery court of equity creditors death deed defendant demurrer denied devised dollars dower Duyne encumbrance entitled equity of redemption evidence ex'rs execution executor fact farm foreclosure Franklinite fraud fraudulent gage given grantor Green's Ch ground Halst held Holsman husband Ibid injunction intention interest interpleader intestate issue Jersey Johns judgment land legacies legatee Lenah levy lien loan Long Dock Company ment Morris mort mortgage debt mortgaged premises mortgagor objection Orphans Court paid Paige party payment personal estate plainant plaintiff principle purchase money question real estate rule Ryerson settled share sold statute Story's Eq suit testator's tion usury validity Vandoren vested void widow wife William witness
Populære avsnitt
Side 300 - The reason upon which the rule stands, is this. The plaintiff calls upon the defendant to answer an allegation he -makes, and thereby admits the answer to be evidence. If it is testimony, it is equal to the testimony of any other witness; and as the plaintiff cannot prevail if the balance of proof be not in his favor, he must have circumstances in addition to his single witness, in order to turn the balance.
Side 342 - Every owner of land, through which a stream of water flows, is entitled to the use and enjoyment of the water, and to have the same flow in its natural and accustomed course without obstruction, diversion or corruption. The right extends to the quality as well as to the quantities of the water. If, therefore, an adjoining proprietor corrupts the water, an action upon the case lies for the injury.
Side 417 - It seems to me a clear result of all the authorities that wherever the parties, by their contract, intend to create a positive lien or charge, either upon real or personal property, whether then owned by the assignor or contractor, or not, or if personal property, whether it is then in esse or not, it attaches in equity as a lien or charge upon the particular property, as soon as the assignor or contractor acquires a title thereto, against the latter, and all persons asserting a claim thereto, under...
Side 316 - State by the former wife against the former husband for divorce on the ground of adultery alleged to have been committed by him with the person whom he had married after the decree of divorce in Illinois had been rendered.
Side 598 - It is the present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, that distinguishes a vested from a contingent remainder...
Side 134 - The natural and reasonable presumption Is that when a will is executed the testator designs to dispose of his entire estate, and does not intend to die intestate as to any part of his property.
Side 587 - In other cases, the demand of a creditor which is paid with the money of a third party, and without any agreement that the security shall be assigned or kept on foot for the benefit of such third person, is absolutely extinguished.
Side 238 - It is only in cases where the person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor as a matter of course without any agreement to that effect.
Side 403 - the real question always is whether the wish or desire or recommendation that is expressed by the testator is meant to govern the conduct of the party to whom it is addressed, or whether it is merely an indication of that which he thinks would be a reasonable exercise of the discretion of the party, leaving it, however, to the party to exercise his own discretion.
Side 71 - Ch. 348), that, in construing a will, conjecture must not be taken for implication; but 'necessary implication' means not natural necessity, but so strong a probability of intention that an intention contrary to that which is imputed to the testator cannot be supposed