 | New Jersey. Court of Chancery - 1881 - 748 sider
...ministerially and in obedience to the call of those who have a right to the partition, but founds itself on its general jurisdiction as a court of equity, and...parties. It will, therefore, by its decree adjust the equitable rights of all the parties interested in the estate, and see to it that partition is made... | |
 | New Jersey. Court of Chancery - 1842 - 598 sider
...founds itself upon its general jurisdiction as a court of equity, and administers its relief, ex aequo et bono, according to its own notions of general justice and equity between the parties." I cannot view the case before me (as contended by the defendants' counsel) as similar in principle... | |
 | New Jersey. Court of Chancery - 1854 - 956 sider
...parties," as is said in 1 Story's Eq. Jur. sec. 656b ; where it is, also, further said, that equity will, by its decree, adjust all the equitable rights of the parties interested in the suit ; and will, if necessary for this purpose, give special instruction to the Commissioners. It seems... | |
 | Joseph Story - 1839 - 658 sider
...reference to their respective situations, in relation to the property before the partition. 2 For, in all cases of partition, a Court of Equity does...commissioners, instead of allowing them to be nominated by the parties. 3 § 656. c. And Courts of Equity, in making these adjustments, will not confine themselves... | |
 | New Jersey. Court of Chancery - 1842 - 598 sider
...founds itself upon its general jurisdiction as a court of equity, and administers its relief, ex aequo et bono, according to its own notions of general justice and equity between the parties/' I cannot view the case before me (as contended by the defendants' counsel) as similar in principle... | |
 | Asa Kinne - 1852 - 736 sider
...founds itself upon its general jurisdiction, as a court of equity, and administers relief ex tequo et bono, according to its own notions of general justice...special instructions to the commissioners, and nominate commissioners, instead of allowing them to be nominated by the parties. — Story v. Johnson, 1 Young... | |
 | Joseph Story - 1853 - 890 sider
...Brook r. Hertford, 2 P. Will. 518 : Ante, § 653. 2 Gaskell v. Gaskell, 6 Sim. R. 643. 3 Ante, § 655. notions of general justice and Equity between the parties. It will, therefore, by its decree,1 adjust all the equitable rights of the parties interested in the estate ; and will, if necessary... | |
 | New Jersey. Court of Chancery - 1854 - 960 sider
...parties," as is said in 1 Story's Eq. Jur. sec. 656b ; where it is, also, further said, that equity will, by its decree, adjust all the equitable rights of the parties interested in the suit; and will, if necessary for this purpose, give special instruction to the Commissioners. It seems... | |
 | John Willard - 1861 - 718 sider
...improvements should have been made in good faith. A court of equity administers its relief ex equo et bono, according to its own notions of general justice and equity between the parties. It will adjust by its decrees, all the equitable rights of the parties interested in the premises. It is not... | |
 | United States. Supreme Court - 1866 - 658 sider
...itself upon its general jurisdiction as a court of equity, and administers its reliefer cequo et bano, according to its own notions of general justice and...rights of the parties interested in the estate, and courts of equity, in making these adjustments, will not confine themselves to the mere legal rights... | |
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For, in all cases of partition, a Court of Equity does not act merely in a ministerial character, and in obedience to the call of the parties, who have a right to the partition; but it founds itself upon its general jurisdiction, as a Court of Equity,... 
