Reports of Chancery Cases Decided in the Eighth Circuit of the State of New York: By the Hon. Frederick Whittlesey |
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Page 15
... claims for relief when he asks it . The complainants will have a right to call upon Bennett to collect his mortgage , as soon as it is due , upon the known principles of quia timet bills , or that the complainants ' lots be discharged ...
... claims for relief when he asks it . The complainants will have a right to call upon Bennett to collect his mortgage , as soon as it is due , upon the known principles of quia timet bills , or that the complainants ' lots be discharged ...
Page 19
... claiming title . An injunction was allowed at the commencement of the litigation . One of the complainants has since died , and the defendant has entered into a deed of compro- mise in relation to this suit with the surviving com ...
... claiming title . An injunction was allowed at the commencement of the litigation . One of the complainants has since died , and the defendant has entered into a deed of compro- mise in relation to this suit with the surviving com ...
Page 21
... claims , we find that his claim is void under the statute then in existence . The agreement between him and the complainants , was void under Giddings Eastman June , 1839. the then existing statute of VICE CHANCELLOR'S COURT . 21.
... claims , we find that his claim is void under the statute then in existence . The agreement between him and the complainants , was void under Giddings Eastman June , 1839. the then existing statute of VICE CHANCELLOR'S COURT . 21.
Page 40
... claim ; and if the sale had been for a round sum for the whole interest , there would have been no necessity for any arithmet- ical calculation . It seems that a computation of some kind was made by this witness , Price , at some rate ...
... claim ; and if the sale had been for a round sum for the whole interest , there would have been no necessity for any arithmet- ical calculation . It seems that a computation of some kind was made by this witness , Price , at some rate ...
Page 42
... claim , and release to the complainant , Polly Fishell , The Super- visors of with covenants against his own acts , all the interest and others . in and to the two farms mentioned in the pleadings , which the defendant derived under ...
... claim , and release to the complainant , Polly Fishell , The Super- visors of with covenants against his own acts , all the interest and others . in and to the two farms mentioned in the pleadings , which the defendant derived under ...
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Common terms and phrases
affidavits agreement Albany City Bank alleged amount answer appears application appointment assignment authorised averment bill is filed bond and mortgage Brown cause choses in action claim complainant complainant's contract conveyance costs court of Chancery covenant creditor's bill creditors debt decision decree deed defendant defendant's demurrer dissolved equity exeat execution facts Farnham father fendant file a bill foreclose foreclosure gage Holland Land Company Hutchinson incumbrances injunction interest issued judgment creditor judgment debtor jurisdiction land lease lien lis pendens loan matter ment mort mortgaged premises mortgagor motion nants ne exeat paid Paige partnership party payable payment person plainant plaintiff pleadings presented principles proceedings proofs purchase money question Rathbun Rawson real estate receiver relief restrain rule Schermer Sept sold solicitor statute sufficient suit at law sureties testimony thereon tion transaction trust usury VICE CHANCELLOR Williamsville witness
Popular passages
Page 145 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action due to him, or held in trust for him and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from some person other than the defendant himself.
Page 170 - ... purchaser thereof, but on the coming in of the report of sale, the court shall have power to decree and direct the payment by the mortgagor of any balance of the mortgage debt that may remain unsatisfied after a sale of the mortgaged premises, in the cases in which such balance is recoverable at law; and for that purpose may issue the necessary execution, as in other cases, against other property of the mortgagor.
Page 449 - ... shall be employed for the purpose of receiving deposits, making discounts, or issuing notes or other evidences of debt to be loaned or put into circulation as money.
Page 382 - Object was to remove out of the Plaintiff's Way the Effect of a Denial, or to give him the Benefit of an Admission, material, perhaps conclusive, to enable him to obtain a Decree.
Page 195 - The right of each partner extends only to a share of what may remain after payment of the debts of the firm and the settlement of its accounts. Growing out of this right, or rather included in it, is the right to have the partnership property applied to the payment of the partnership debts in preference to those of any individual partner. This is an equity...
Page 252 - If a transaction is usurious in its inception, it remains usurious until purged by a new contract; and all future transactions connected with or growing out of the original are usurious and without valid consideration. An original taint of usury attaches to the whole family of consecutive obligations and securities growing out of the original vicious transaction ; and none of the descendant obligations, however remote, can be free of the taint if the descent can be fairly traced.
Page 10 - After such bill shall be filed, •while the same is pending, and after a decree rendered thereon, no proceedings whatever shall be had at law, for the recovery of the debt secured by the mortgage, or any part thereof ; unless authorised by the court of chancery.
Page 140 - And as the attorney of the said part of the first part, for that purpose by these presents duly authorized, constituted, and appointed, to make and deliver to the purchaser or purchasers thereof, a good and sufficient deed...
Page 167 - Every deed conveying real estate which by any other instrument in writing shall appear to have been intended only as a security in the nature of a mortgage, though it be absolutely conveyed in terms, shall be considered as a mortgage...
Page 462 - Stat. § 6235, which provides that "in every suit brought, either for a divorce or for a separation, the court may, in its discretion, require the husband to pay any sums necessary to enable the wife to carry on or defend the suit during its pendency...