Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Brougham and Sir John Leach, Master of the Rolls, Volume 2Saunders and Benning, 1835 - Equity |
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Page 1
... costs might be paid by his solicitor personally , as having instituted the suit without due authority . Mr. Pepys and Mr. Walker , for the motion , contended that , as the affidavit of the Plaintiff positively denied that he had ever ...
... costs might be paid by his solicitor personally , as having instituted the suit without due authority . Mr. Pepys and Mr. Walker , for the motion , contended that , as the affidavit of the Plaintiff positively denied that he had ever ...
Page 6
... costs . Jenkins was afterwards obliged to pay the 1500l .; and not being able to obtain the money from Parkinson , he brought his action , and obtained a verdict over against him for 1500l . as damages , and 4007. as costs , subject to ...
... costs . Jenkins was afterwards obliged to pay the 1500l .; and not being able to obtain the money from Parkinson , he brought his action , and obtained a verdict over against him for 1500l . as damages , and 4007. as costs , subject to ...
Page 10
... costs of their testator's action against Parkinson , which costs are otherwise likely to be lost . The Plaintiffs have , by the death of Jenkins , lost the benefit of his verdict , and though a new action may be brought at law upon the ...
... costs of their testator's action against Parkinson , which costs are otherwise likely to be lost . The Plaintiffs have , by the death of Jenkins , lost the benefit of his verdict , and though a new action may be brought at law upon the ...
Page 11
... costs of his action . If there were any such covenant , the executors would not be remediless at law ; they could proceed for those costs as well as for the 1500l . , and the costs of the action against Jenkins . But suppose the bill ...
... costs of his action . If there were any such covenant , the executors would not be remediless at law ; they could proceed for those costs as well as for the 1500l . , and the costs of the action against Jenkins . But suppose the bill ...
Page 15
... costs at law of the second action , I shall direct the costs of the motion to be costs in the cause . 1833 . JENKINS v . PARKINSON . HOME v . PILLANS . - Nov. 19 , 20. 25 . female when should attain her sole and twenty - one , to ...
... costs at law of the second action , I shall direct the costs of the motion to be costs in the cause . 1833 . JENKINS v . PARKINSON . HOME v . PILLANS . - Nov. 19 , 20. 25 . female when should attain her sole and twenty - one , to ...
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agreement annuity answer appears applied appointment assigns benefit bequeathed bequest Bickersteth bill was filed cent charge charity child circumstances claim clause contrà contract copyhold court of equity covenant creditors daughter death debts decease decision decree deed Defendant devised directed effect Elmsley entitled execution executors fund gift give given ground heirs held husband Inclosure Act injunction intention interest issue John John Waters land lease leasehold leasehold estates legacies legatees LORD CHANCELLOR Lord Eldon Lord Thurlow marriage Master ment messuages mortgage motion object opinion paid party payment Pemberton personal estate Peter Elmsley Plaintiff possession present purchaser purpose question real estate reference rents and profits residuary residue respect ROLLS Russ Scott Waring settlement settlor shew solicitor statute statute of distributions suit surviving survivor tenant testator's testatrix Thomas Pearce Thomas Plumer trust twenty-one widow wife William words
Popular passages
Page 46 - A. married again between the date of the will and the death of the testator, and he was aware of her marriage: it was held, overruling the decision of Vice-Chancellor Wood, that A.
Page 530 - This tends to no mischief, and is a reasonable liberty to bestow ; but great detriment would arise, and much confusion of rights, if parties were allowed to invent new modes of holding, and enjoying real property, and to impress upon their lands and tenements a peculiar character, which should follow them into all hands, however remote.
Page 355 - ... publication, and all such other matters relating to the conduct of suits in the said Court as the Lord Chancellor, with the advice and assistance of the Master of the Rolls and Vice Chancellor, or one of them, shall by any general order or orders direct...
Page 791 - ... to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations...
Page 498 - ... sealed, and delivered in the presence of and " attested by two or more credible witnesses, or by her
Page 778 - And in case there be no children nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. VII. Provided, that there be no representations admitted among collaterals after brothers
Page 489 - That it seems to have been considered, in that case, that a communication, by the trustees, to creditors, of the fact of such a trust, would not defeat the power of revocation by the debtors.' It appears to me, however, that this doctrine is questionable ; because the creditors, being aware of such a trust, might be, thereby, induced to a forbearance in respect of their claims, which they would not otherwise have exercised.
Page 851 - Conn. 293, where a testator devised property in trust for a grandson, who was, at the date of the will and at the death of the testator...
Page 218 - ... an act, made in the first year of the reign of king William and queen Mary, intituled, An Act for exempting their Majesties' Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws...
Page 91 - ... such person or persons as she should, by her will, direct and appoint ; and in case his said mother should die without a will, then to such person or persons as would be entitled to the same by virtue of the Statute of Distributions.