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according administration admitted alleged allowed amount answer appears application assignment authority balance Bank benefit bill bond called cause Chan chancellor charge church circumstances claim complainant consideration considered court creditors daughters death debt deceased decree deed defendants denied directed doubt effect eighteen hundred entitled equity et al evidence examination execution executors fact filed fraud further gave give given granted ground hands heirs held Houten hundred dollars injunction intention interest issue John judgment land legacy matter mind mortgage named necessary notice objection opinion orphans paid parties payment possession premises present principle proceedings proper proved purchase question real estate reason received reference remain rule satisfied says share sold sufficient suit taken term thing thousand dollars tion trust whole wife witness
Página 25 - ... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
Página 623 - Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.
Página 500 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Página 176 - Confirming this and none other to be my last will and testament in testimony whereof I Have Hereunto set my Hand and affixed my seal this twenty ninth day of August in the year of our Lord one Thousand Eight Hundred and Eight...
Página 414 - Even where a complete legal title vests in them, and there is no notice of any equity affecting it, they take subject to whatever equity the bankrupt was liable to.
Página 117 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.
Página 606 - The question is not so much what was the degree of memory possessed by the testator ? as this : Had he a disposing memory ? was he capable of recollecting the property he was about to bequeath; the manner of distributing it; and the objects of his bounty? To sum up the whole in the most simple and...
Página 517 - The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity.
Página 640 - A rule to show cause why a verdict should not be set aside will be i treated as a .motion for tu new trial, the petition alleging errors in the trial.
Página 139 - In regard to public nuisances," Mr. Justice Story says, "the jurisdiction of courts of equity seems to be of a very ancient date, and has been distinctly traced back to the reign of Queen Elizabeth. The jurisdiction is applicable, not only to public nuisances, strictly so called, but also to purprestures upon public rights and property.