United States Reports: Cases Adjudged in the Supreme Court, Volume 42U.S. Government Printing Office, 1843 - Courts |
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Page lvi
... trusts of a will , it shall not be neces- sary to make the heir at law a party ; but the plaintiff shall be at liberty to make the heir at law a party , where he desires to have the will established against him . LI . In all cases in ...
... trusts of a will , it shall not be neces- sary to make the heir at law a party ; but the plaintiff shall be at liberty to make the heir at law a party , where he desires to have the will established against him . LI . In all cases in ...
Page 41
... fiduciary . Shall fraud or trust be imputed to its orrgin ? Both these grounds have been fully investigated in the Court of Chancery , VOL . I. - 6 D 2 Mercer's Lessee v . Selden . and both repudiated by JANUARY TERM , 1843 . 41.
... fiduciary . Shall fraud or trust be imputed to its orrgin ? Both these grounds have been fully investigated in the Court of Chancery , VOL . I. - 6 D 2 Mercer's Lessee v . Selden . and both repudiated by JANUARY TERM , 1843 . 41.
Page 42
... trust was openly repudiated . As to fraud , see Wamburzee v . Kennedy , 4 Desauss . 479 ; Sweat v . Arrington , 2 Hayw . 129 ; Thompson v . Blair , 3 Mur- phy , 583 ; Van Rhyn v . Vincent , 1 McCord's Ch . R. 314 . As to trust . It is ...
... trust was openly repudiated . As to fraud , see Wamburzee v . Kennedy , 4 Desauss . 479 ; Sweat v . Arrington , 2 Hayw . 129 ; Thompson v . Blair , 3 Mur- phy , 583 ; Van Rhyn v . Vincent , 1 McCord's Ch . R. 314 . As to trust . It is ...
Page 55
... trust arising out of this transaction were considered and de- cided in the case in equity lately brought before the Court of Appeals of Virginia , by the parties to the present suit . If that jurisdiction were rightfully exercised , it ...
... trust arising out of this transaction were considered and de- cided in the case in equity lately brought before the Court of Appeals of Virginia , by the parties to the present suit . If that jurisdiction were rightfully exercised , it ...
Page 64
... trust you to receive and pay it over to me . I give you fourteen months to pay the money , if you do not sooner sell the land ; but the moment you sell it , if it be to - morrow , you are to take the money you receive and out of it pay ...
... trust you to receive and pay it over to me . I give you fourteen months to pay the money , if you do not sooner sell the land ; but the moment you sell it , if it be to - morrow , you are to take the money you receive and out of it pay ...
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Common terms and phrases
act of Congress action adverse possession amount answer appear appellee apply Ashton assigned Bank Bell and Grant Benjamin Jewell bill of exceptions bond Bruen Buchannon Buckner cause chancery charge Circuit Court circuit-the claim complainants contract Court of Chancery court of equity Cran creditors David Peter debt debtor declaration decree deed defendant demurrer discharge District entitled equity evidence execution executors facts favour fee simple filed heirs hereby insolvent interest John Joseph Duncan judge judgment jurisdiction jury Justice land Lessee matter ment Morris mortgage Nixon opinion paid parties patent payment person plaintiff in error plea pleading possession premises proceedings purchase purchase-money question record remedy Selden Shackleford sold Sophie Prevost statute statute of limitations suit Supreme Court sureties term thereof tion transcript trust United Upshaw Wheat wife William Prout Williams writ of error
Popular passages
Page 93 - This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the District of Rhode Island, and was argued by counsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this court, that the decree of the said Circuit Court...
Page 232 - On consideration whereof,. it is now here ordered and adjudged by this court, that the judgment of the said Circuit Court in this cause be, and the same is hereby, reversed...
Page xxviii - Court among the Circuits, agreeably to the act of Congress in such case made and provided, and that such allotment be entered of record, viz. : For the First Circuit, HORACE GRAY, Associate Justice.
Page lv - Rule provides, that in all cases where it shall appear to the Court, that persons who might otherwise be deemed necessary or proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction of the Court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the Court as to the parties before the Court, the Court may, in their discretion, proceed in the cause without making such persons parties ; and. in such cases,...
Page 166 - Pet. 416 ; and that nothing can call a court of chancery into activity but conscience, good faith, and reasonable diligence ; and where these are wanting, the court is passive, and does nothing; and, therefore, from the beginning of equity jurisdiction, there was always a limitation of suit in that court.
Page lvi - ... in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate, and in such cases it shall not be necessary to make the persons beneficially interested under the...
Page xxv - Process of subpoena, issuing out of this court, in any suit in equity, shall be served on the defendant sixty days before the return day of the said process; and if the defendant, on such service of the subpoena, shall not appear at the return day, the complainant shall be at liberty to proceed ex parte.
Page xlviii - The prayer for process of subpoena in the bill shall contain the names of all the defendants named in the introductory part of the bill, and if any of them are known to be infants under age, or otherwise under guardianship, shall state the fact, so that the court may take order thereon as justice may require, upon the return of the proces.
Page 191 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence.
Page 200 - That every person or corporation who has, or shall have, purchased or constructed any newly invented machine, manufacture, or composition of matter, prior to the application by the inventor or discoverer for a patent, shall be held to possess the right to use, and vend to others to be used, the specific machine, manufacture, or composition of matter so made or purchased, without liability therefor to the inventor, or any other person interested in such invention...