Commentaries on Equity Jurisprudence: As Administered in England and America, Volume 2Little, Brown, 1886 - Equity |
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Common terms and phrases
agreement Ambler applied assignment Attorney-Gen Beav bequest bill C. E. Green cestui que trust Chancellor charity chose in action circumstances cited claim Comm common law contract Court of Chancery Courts of Equity Courts of Law covenant creditor debt debtor decree deemed defendant devise doctrine enforce entitled execution executor favor Fonbl fraud granted ground heir held husband Ibid injunction intention interest interpleader Jeremy on Eq John judgment Jurisd jurisdiction justice land Lect Lefr legacy lien Lord Cottenham Lord Eldon Madd Mass matter Meriv Mitf mortgage mortgagor Mylne & Craig Mylne & Keen Ne Exeat Paige party payment personal estate plaintiff possession Pothier principle proper purchase-money purchaser real estate relief remedy Roman law rule Russ specific performance statute Sugden on Vendors suit Swanst tion Vern wife writ Younge & Coll
Popular passages
Page 762 - When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off ; they become good husbands and good wives from the necessity of remaining husbands and wives, for necessity is a powerful master in teaching the duties which it imposes.
Page 639 - ... in all cases where a condition of a bond, recognizance. &c., is possible at the time of the making of the condition, and before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &c., there the obligation, &c., is saved.
Page 197 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 389 - English authorities, that three classes of cases have been held to be sufficient demonstrations of an intended execution of a power: (1) Where there has been some reference in the will, or other instrument, to the power ; (2) Or a reference to the property, which is the subject on which it is to be executed ; (3) Or where the provision in the will or other instrument, executed by the donee of the power, would otherwise be ineffectual, or a mere nullity ; in other words, it would have no operation,...
Page 248 - I can only say that if the parts which have been copied cannot be separated from those which are original without destroying the use and value of the original matter, he who has made an improper use of that which did not belong to him must suffer the consequences of so doing.
Page 154 - Plea, by Affidavit or otherwise, showing that such Defendant does not claim any Interest in the Subject Matter of the Suit, but that the Right thereto is claimed or supposed to belong to some Third Party who has sued or is expected to sue for the same, and that such Defendant does not in any Manner collude with such Third Party, but is ready to bring into Court or to pay or dispose of the Subject Matter of the Action in such Manner as the Court (or any Judge thereof) may order or direct...
Page 67 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, 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 or some other person thereunto...
Page 787 - That any Arbitration or Umpirage procured by Corruption, or undue means, shall be judged and esteemed void and of none effect, and accordingly be set aside by any Court of Law or Equity, so as Complaint of such Corruption or undue Practice be made in the Court where the Rule is made for Submission to such Arbitration or Umpirage, before the last Day of the next Term after such Arbitration or Umpirage made and published to the Parties ; any thing in this Act contained to the contrary notwithstanding.
Page 271 - June 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 314 - But a power of redemption is an equitable right inherent in the land, and binds all persons in the post or otherwise. Because it is an ancient right, which the party is entitled to in equity.