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 5
... lease , which was not included in the lease to Cockburn ; subject to a covenant , whereby Parkinson undertook to indemnify Jenkins against any breach of the covenant contained in the lease to Cockburn . Parkinson entered into possession ...
... lease , which was not included in the lease to Cockburn ; subject to a covenant , whereby Parkinson undertook to indemnify Jenkins against any breach of the covenant contained in the lease to Cockburn . Parkinson entered into possession ...
Page 7
... lease , and the matter still rests in fieri , the contract being for a future lease , in which a covenant of indemnity is agreed to be inserted . The Plaintiffs come into equity for a specific performance of the agreement ; in other ...
... lease , and the matter still rests in fieri , the contract being for a future lease , in which a covenant of indemnity is agreed to be inserted . The Plaintiffs come into equity for a specific performance of the agreement ; in other ...
Page 8
... lease containing a covenant to indemnify Jenkins against his liabilities to Cockburn . The Plaintiffs , as representing Jenkins , have now an indisputable right to call upon Parkinson for a specific performance of his agreement ; and ...
... lease containing a covenant to indemnify Jenkins against his liabilities to Cockburn . The Plaintiffs , as representing Jenkins , have now an indisputable right to call upon Parkinson for a specific performance of his agreement ; and ...
Page 11
... lease with covenants , which he had agreed to make ; but not to do the thing which those covenants had bound him at law to do , under pain of being sued for the breach . But even if the Court could compel him to the thing covenanted ...
... lease with covenants , which he had agreed to make ; but not to do the thing which those covenants had bound him at law to do , under pain of being sued for the breach . But even if the Court could compel him to the thing covenanted ...
Page 97
... leases , the manner of raising the fines , and the question of contribution between the tenant for life and the re- mainder - man , must depend upon tention of the the in- testator , to be collected from HE will of Sir William John ...
... leases , the manner of raising the fines , and the question of contribution between the tenant for life and the re- mainder - man , must depend upon tention of the the in- testator , to be collected from HE will of Sir William John ...
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Common terms and phrases
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.