Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Cottenham, with a Few in the Time of the Lords Commissioners, and of Sir C. C. Pepys, Master of the Rolls, Volume 5Saunders and Benning, 1848 - Equity |
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Results 1-5 of 55
Page 4
... suit cannot be main- tained upon other grounds , it certainly cannot be sup- ported in merely seeking a return of that small sum . That also is a claim at law . and Kendall v . Beckett ( c ) this Court refused to grant such relief . In ...
... suit cannot be main- tained upon other grounds , it certainly cannot be sup- ported in merely seeking a return of that small sum . That also is a claim at law . and Kendall v . Beckett ( c ) this Court refused to grant such relief . In ...
Page 5
... suit re- first mortgage lating to the only , as a wit- ness , vivá before the Master , to voce , prove that , by certain dealings and transactions between the mortgagor and the first mortgagees , but to which he had happened to be a ...
... suit re- first mortgage lating to the only , as a wit- ness , vivá before the Master , to voce , prove that , by certain dealings and transactions between the mortgagor and the first mortgagees , but to which he had happened to be a ...
Page 6
... suit which related to the MACKINTOSH . first mortgage only , and had no reference to the second mortgage , and to which the second mortgagee was no party , and the witness stating , on the voir dire , that he had ascertained that the ...
... suit which related to the MACKINTOSH . first mortgage only , and had no reference to the second mortgage , and to which the second mortgagee was no party , and the witness stating , on the voir dire , that he had ascertained that the ...
Page 9
... suit itself ; or , secondly , where he may avail himself of the verdict in support of his claim in a future action . The latter , which is the subject of the provisions of the late statute , does not apply to this case . The distinction ...
... suit itself ; or , secondly , where he may avail himself of the verdict in support of his claim in a future action . The latter , which is the subject of the provisions of the late statute , does not apply to this case . The distinction ...
Page 18
... suits is the difficulty of ascertaining the facts necessary to make it safe to exercise the judicial power . Upon this principle , this Court has , in many instances , limited the period within which it will exercise its power ; and it ...
... suits is the difficulty of ascertaining the facts necessary to make it safe to exercise the judicial power . Upon this principle , this Court has , in many instances , limited the period within which it will exercise its power ; and it ...
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Common terms and phrases
adeemed ademption agreement alimony amount Ann Fox Walton annual rests annuity annum appears arbitrators assignee assizes award balance BARSHAM bill Brammall BURROUGH C. R. Cockerell Champneys charged Charles Cockerell child Company contract costs Court daughter death debts decease declared decree deed Defendant directed dismissed Elizabeth entitled evidence executors father filed George Reid gift Gros Hawksworth HEIGHINGTON Hull husband intention interest invested issue James Cosmo John Walton Jolliffe LACEY Lady Harriet Lashmar legacy legal personal representative legatee liable LOCKYER LORD CHANCELLOR Lord Eldon Lordship doth marriage Master mentioned Messrs mortgage Munch Mylne paid Palmer parties Paxton payment personal estate PHILCOX Plaintiff proved provision PUMFRETT question referred Reid rents RISHTON Russ shew sicca rupees Silberschildt Sir Charles Cockerell sister specific performance suit tenant testator testator's Thomas tion Trail trust fund twenty-one Vice-Chancellor wife Wigram William de Blaquiere William Walton
Popular passages
Page 89 - ... amongst my nephews and nieces, or their children, either all to one of them or to as many of them as my surviving child shall think proper...
Page 109 - ... the said [trustees] [or the survivors or survivor of them, or the executors or administrators of such survivor...
Page 102 - The court of equity refuses its aid to give to the plaintiff what the law would give him if the courts of common law had jurisdiction to enforce it, without imposing upon him conditions which the court considers he ought to comply with, although the subject of the condition should be one which the court would not otherwise enforce...
Page 177 - Courts of Equity exercise their jurisdiction, in decreeing specific performance of verbal agreements, where there has been part performance, for the purpose of preventing the great injustice which would arise from permitting a party to escape from the engagements he has entered into, upon the ground of the Statute of Frauds...
Page 35 - The second provision, therefore, is presumed to be intended as a substitution for, and not as an addition to, that first given; but, when the gift Is a mere bounty, there is no ground for raising any presumption of intention as to its amount, although such amount be comprised in two or more gifts.
Page 46 - The advancement must naturally be supposed to be of the particular child's portion ; and so the rule assumes, as it precludes the child advanced from claiming the sum given by the will as well as the sum advanced. So far the rule is founded on good sense, and adapted to the ordinary transactions of mankind. The supplying the wants of one child for an advancement is not permitted to lessen or destroy the provisions made for the others, by giving both provisions to the child advanced ; but the supposed...
Page 227 - And for the better taking the said accounts and discovery of the matters aforesaid, the parties are to produce before the said Master, upon oath, all deeds, books, papers, and writings in their custody or power relating thereto, and are to be examined upon interrogatories as the said Master shall direct...
Page 32 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife for life, remainder to...
Page 316 - Mote, as far as the rules of law and equity would admit, by the person or persons who, for the time being, should be entitled to the possession of the said mansion-house...
Page 93 - A. shall think most deserving, and that will make the best use of it, or to the children of his nephew C., if any such there are or shall be.