A Selection of Leading Cases in Equity: With Notes, Volumen3T. & J.W. Johnson & Company, 1859 |
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Términos y frases comunes
absolute agreement applied appointed assignment assignor authority Bank Beav benefit bill bond breach Chancellor Chancery chose in action circumstances common law consideration contract conveyance Court of Chancery court of equity covenant creditor debt debtor decision decree deed default defendant discharge doubt Earl effect enforce entitled equity of redemption execution executors father forfeiture fraud fund give given granted ground guardian Hare heirs held husband infant injunction intention interest Johnson Jones judgment jurisdiction land lease liable Lord Chancellor Lord Cottenham Lord Eldon Lord Langdale Lord Thurlow Lordship marriage ment mortgage mortgagor notice paid Paige parties payment person plaintiff possession principal proceedings purchaser question relief restrain rule settled Smith specific performance statute subsequent sufficient suit surety taken tenant tion transaction trust undue influence unless vendee vendor void ward wife
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Página 263 - ... as it may deem just and proper with respect to the custody, maintenance, and education of the children, the marriage of whose parents is the subject of such suit or other proceeding, and may, if it shall think fit, direct proper proceedings to be taken for placing such children under the protection of the Court of Chancery.
Página 618 - ... redemption, shall have been given to the mortgagor or some person claiming his estate, or to the agent of such mortgagor or person...
Página 658 - ... and all other persons claiming and deriving under the said lease, shall be barred and foreclosed from all relief or remedy in law or equity...
Página 181 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law ; or of which he might have availed himself at law, but was INJUNCTIONS AGAINST PROCEEDING AT LAW. prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Página 501 - ... property is given absolutely to any person, and the same person is, by the giver who has power to command, recommended, or entreated, or wished, to dispose of that property in favor of another, the recommendation, entreaty, or wish shall be held to create a trust: first, if the words are so used that upon the whole they ought to be construed as imperative; secondly, if the subject of the recommendation or wish be certain; and thirdly, if the objects or persons intended to have the benefit of...
Página 491 - But where the question changes its character, where the defendant in the original action is liable to the plaintiff, either in consequence of contract, or as trustee, or as the holder of a legal title acquired by any species of mala fides practised on the plaintiff, the principles of equity give a court jurisdiction wherever the person may be found, and the circumstance, that a question of title may be involved in the inquiry, and may even constitute the essential point on which the case depends,...
Página 532 - It is the clearest and most evident equity, not to carry on any transaction without the privity of him who must necessarily have a concern in every transaction with the principal debtor. You cannot keep him bound, and transact his affairs, (for they are as much his as your own,) without consulting him. You must let him judge whether he will give that indulgence contrary to the nature of his engagement.
Página 619 - ... shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgage money...
Página 316 - ... release and extinguish her right or equity to a settlement out of any personal estate to which she or her husband in her right may be entitled in possession under any such instrument...
Página 531 - When they are bound jointly and severally, the surety cannot aver by pleading, that he is bound as surety : but if he could establish that at law, the principle at law is, that he has an interest in the condition ; and if the period is extended, that totally defeats the condition ; and the consequence is, the surety is released from his engagement. Suppose a bond payable in six months, with...