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affidavits agreement alleged amount answer appears application appointment assignment authorised averment Bartow bill was filed bond and mortgage cause choses in action circumstances Coatesworth complainant complainant's contract conveyance costs court of Chancery covenant creditor's bill debt decree deed defence at law defendant defendant's demurrer denied dissolved equity exeat execution facts father fendant file a bill foreclose foreclosure gage Genesee county Genesee river Holland Land Company injunction insist interest issued judgment creditor judgment debtor jurisdiction lease leasehold estate lien loan matter ment Monroe county mort mortgaged premises mortgagor motion paid Paige partnership party payable payment person plainant plaintiff pleadings principles proceedings proofs purchase money question Rathbun real estate receiver relief remedy at law restrain rule Schermerhorn Sept sheriff sold solicitor statute sufficient suit at law sureties testimony thereon tion transaction trust usury Vice Chancellor whole witness
Side 145 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action due to him, or held in trust for him and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from some person other than the defendant himself.
Side 170 - ... purchaser thereof, but on the coming in of the report of sale, the court shall have power to decree and direct the payment by the mortgagor of any balance of the mortgage debt that may remain unsatisfied after a sale of the mortgaged premises, in the cases in which such balance is recoverable at law; and for that purpose may issue the necessary execution, as in other cases, against other property of the mortgagor.
Side 449 - ... shall be employed for the purpose of receiving deposits, making discounts, or issuing notes or other evidences of debt to be loaned or put into circulation as money.
Side 382 - Object was to remove out of the Plaintiff's Way the Effect of a Denial, or to give him the Benefit of an Admission, material, perhaps conclusive, to enable him to obtain a Decree.
Side 195 - The right of each partner extends only to a share of what may remain after payment of the debts of the firm and the settlement of its accounts. Growing out of this right, or rather included in it, is the right to have the partnership property applied to the payment of the partnership debts in preference to those of any individual partner. This is an equity...
Side 252 - If a transaction is usurious in its inception, it remains usurious until purged by a new contract; and all future transactions connected with or growing out of the original are usurious and without valid consideration. An original taint of usury attaches to the whole family of consecutive obligations and securities growing out of the original vicious transaction ; and none of the descendant obligations, however remote, can be free of the taint if the descent can be fairly traced.
Side 10 - After such bill shall be filed, •while the same is pending, and after a decree rendered thereon, no proceedings whatever shall be had at law, for the recovery of the debt secured by the mortgage, or any part thereof ; unless authorised by the court of chancery.
Side 140 - And as the attorney of the said part of the first part, for that purpose by these presents duly authorized, constituted, and appointed, to make and deliver to the purchaser or purchasers thereof, a good and sufficient deed...
Side 167 - Every deed conveying real estate which by any other instrument in writing shall appear to have been intended only as a security in the nature of a mortgage, though it be absolutely conveyed in terms, shall be considered as a mortgage...