Select Cases Argued and Adjudged in the High Court of Chancery: Before the Late Lords Commissioners of the Great Seal and the Late Lord Chancellor King, from the Year 1724 to 1733 : with Two Tables, One of the Names of the Cases and the Other of the Principal MattersV. & R. Stevens and G.S. Norton, 1850 - 261 pages |
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Common terms and phrases
aliter annuity answer appear appointed assets assignment bankrupt Baron Gilbert Beav benefit bill of revivor bond brought causâ cestui que trust charge chose in action claim commission commission of review consent contract copyhold Court of Chancery Court of equity covenant creditor death debt decree deed defendant devise doctrine Earl entitled evidence execution executor favour filed fraud fraudulent given granted Hare heir at law held husband infant injunction insisted intent interest jointure jurisdiction lands lease legacy legatee Lord Chancellor Lord Langdale marriage ment mortgage mortgagor obliged paid party payment personal estate personalty plaintiff possession purchaser real estate receipt redeem rehearing remainderman rent respect resulting trust revivor rule Russ satisfaction separate estate settled settlement specific performance statute Statute of Frauds suit tenant testator's tion twenty-one vendor Vern wife
Popular passages
Page 74 - ... to or for the benefit or relief of any such person or persons, shall be utterly void and of none effect, to all intents, constructions, and purposes.
Page 197 - ... whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator...
Page 8 - The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case, — and does not extend to a discovery of the manner in which the defendant's case is to be established, or to evidence which relates exclusively to his case.
Page 113 - Witts : provided that in courts of equity any defendant to any cause pending in any such court may be examined as a witness on the behalf of the plaintiff or of any co-defendant in any such cause, saving just exceptions ; and that any interest which such defendant so to be examined may have in the matters or any of the matters in question in the cause shall not be deemed a just exception to the testimony of such defendant, but shall only be considered as affecting or tending to affect the credit...
Page 216 - Parliament, that all and every feoffment, gift, grant, alienation, bargain and conveyance of lands, tenements, hereditaments, goods and chattels, or of any of them, or of any lease, rent, common, or other profit or charge out of the same lands, tenements, hereditaments, goods, and chattels, or any of them...
Page 202 - It is properly applied to cases where two or more persons severally claim the same thing under different titles or in separate interests from another person, who, not claiming- any title or interest therein himself, and not knowing to which of the claimants he ought of right to render the debt or duty...
Page 216 - ... utterly void, frustrate, and of none effect ; any pretence, colour, feigned consideration, expressing of use,, or any other matter or thing to the contrary notwithstanding.
Page 152 - If trustee appoints rents to be paid to a banker at that time in credit, and the banker afterwards breaks, the trustee is not answerable.
Page 134 - Acts, or to trustees for payment of debts, or to a purchaser for valuable consideration, pass only the interest which the husband has subject to the wife's legal right by survivorship (/).
Page 79 - Where a rule, either of the Common or the Statute Law, is direct, and governs the case, with all its circumstances, or the particular point, a Court of Equity is as much bound by it as a Court of Law, and can as little justify a departure from it.