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Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master ...
Charles Purton Cooper,Great Britain Court of Chancery
Sin vista previa disponible - 2015
according action administrators aforesaid allowed amount Anne annuity answer appear applied appointed arrears assigned Attorney-General authority benefit bill bond brought Buxton carry cause cent charges charity circumstances claim Company consideration considered Cooper costs Court creditor damages dated death debt decree deed defendant directed effect entitled equity execution executors filed funds further give given Goldsmiths governors granted ground interest issue John judgment July June lands legacy Lord manner Mary Master ment mentioned motion notice objection obtained opinion paid parties payment penalty pensioners personal estate petitioner plaintiff pleaded poor possession premises present Price principal proceedings profits proper question reason received referred relators rents respect Rolls rule settled solicitor statute suit taken term therein thereof Thomas tion trust unto Vesey visitors whole
Página 205 - ... allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall...
Página 330 - Lancaster, or being the property of any ecclesiastical or lay person or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...
Página 383 - Gibbs ; and it was ordered that such sum of 1,404/. 2s., when so paid into the Bank, should be laid out in the purchase of Bank £3 per cent. Annuities, in the name and with the privity of the said Accountant-General, in trust in the said cause, and he was to declare the trust thereof accordingly, subject to the further order of the said Court, and for the purposes aforesaid the said AccountantGeneral was to...
Página 635 - ... which is a writ of a most remedial nature, and seems to have been invented lest in any case there should be an oppressive defect of justice, where a party who hath a good defense is too late to make it in the ordinary forms of law.
Página 401 - ... mentioned, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers, if there be two or more defendants, is to be deemed sufficient.
Página 441 - The service of a subpoena shall be effected by delivering a copy of the writ, and of the indorsement thereon, and at the same time producing the original writ.
Página 577 - ... if, with the knowledge or assent of the creditor, any material part of the transaction between the creditor and his debtor is mis156 157 represented to the surety, the misrepresentation being such, that but for the same having taken place, either the suretyship would not have been entered into at all, or, being entered into, the extent of the surety's liability might be thereby increased, the security so given is...
Página 406 - ... judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit, that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable...
Página 53 - ... respectively, and their successors, in trust for the parish ; and such churchwardens and overseers of the poor and their successors, shall and may and they are hereby empowered to accept, take, and hold, in the nature of a body corporate, for and on behalf of the parish, all such buildings, lands, and hereditaments, and also all other buildings, lands, and hereditaments belonging to such parish...