Principles of Equity |
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Page viii
... question as to the construction of instruments , whether statutes , deeds , or wills , could properly find place in ... questions of interpretation . An attempt is made to state the doctrines of equity viii PREFACE .
... question as to the construction of instruments , whether statutes , deeds , or wills , could properly find place in ... questions of interpretation . An attempt is made to state the doctrines of equity viii PREFACE .
Page 2
... question only where a party who had the option of taking proceedings either at law or in equity took proceedings at law , and the other party then sought to remove the proceedings into equity . Where a legal tribunal was seised of a ...
... question only where a party who had the option of taking proceedings either at law or in equity took proceedings at law , and the other party then sought to remove the proceedings into equity . Where a legal tribunal was seised of a ...
Page 5
... question was a question of fact or a mixed question of law and fact , the court either directed one of the parties to the suit to bring an action at law , or it ordered the parties to proceed to trial at law upon an issue prepared by ...
... question was a question of fact or a mixed question of law and fact , the court either directed one of the parties to the suit to bring an action at law , or it ordered the parties to proceed to trial at law upon an issue prepared by ...
Page 6
... question upon the trial ” ( Seton , p . 348 ) . A court of equity sometimes took the opinion of a court of law on a purely equitable matter . Thus , if it had to decide on the construction of equitable limitations in a will or ...
... question upon the trial ” ( Seton , p . 348 ) . A court of equity sometimes took the opinion of a court of law on a purely equitable matter . Thus , if it had to decide on the construction of equitable limitations in a will or ...
Page 49
... question . whether the heir at law or executor of the mortgagee was entitled to money paid for redemption depended upon the state of the assets ( u ) . When the judge was unwilling to decide against the weight of authority , he ...
... question . whether the heir at law or executor of the mortgagee was entitled to money paid for redemption depended upon the state of the assets ( u ) . When the judge was unwilling to decide against the weight of authority , he ...
Contents
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Common terms and phrases
action administration agent apply arise assets assignment Bank benefit breach of trust cestui que trust charge charitable chose in action claim common law contract conveyance Court of Chancery court of equity covenant coverture creditor damages debt debtor decree deed default defendant doctrine duty Earl effect enforced entitled equity of redemption execution executor exercise favour fraud gift give given granted H. L. Cas held husband injunction intended interest judgment Judicature Act jurisdiction land lease legal estate legatee liability Lord Lord COTTENHAM Lord ELDON married woman ment mort mortgage mortgagor notice obtained paid party payment person plaintiff possession principle profits purchaser received recover redeem relief remedy rents restrained right of redemption rule separate property settlement solicitor specific performance statute suit supra tenant testator tion transfer trust property valuable consideration vendor vested Vict wife wife's
Popular passages
Page 538 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 324 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 470 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory order of the Court in all cases in which it shall appear to the Court to be just or convenient that such order should be made...
Page 130 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 85 - It is within his own knowledge, or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him...
Page 504 - An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such estate.
Page 255 - ... no restriction against anticipation contained in any settlement or agreement for a settlement of a woman's own property to be made or entered into by herself shall have any validity against debts contracted by her before marriage, and no settlement or agreement for a M.
Page 179 - To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity ; or (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Page 529 - If parties, for valuable consideration, with their eyes open, contract that a particular thing shall not be done, all that a Court of Equity has to do is to say, by way of injunction, that which the parties have already said by way of covenant, that the thing shall not be done; and in such case the injunction does nothing more than give the sanction of the Court to that which already is the contract between the parties.
Page 365 - There is a presumption (but no more) that it is a penalty when a single lump sum is made payable by way of compensation on the occurrence of one or more or all of several events, some of which may occasion serious and others but trifling damage.