Reports of Cases Argued and Determined in the Court of Chancery And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey, Volume 1Phillips and Boswell, 1860 - Equity |
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Page 50
... land , an allegation of an outstanding title against the land pur- chased is no objection to a decree of foreclosure , aliter , if the purchaser is evicted , or an ejectment actually com- menced against him . And in Shannon v . Marselis ...
... land , an allegation of an outstanding title against the land pur- chased is no objection to a decree of foreclosure , aliter , if the purchaser is evicted , or an ejectment actually com- menced against him . And in Shannon v . Marselis ...
Page 56
... land in the city of Trenton to the Trenton Mutual Loan As- sociation , to secure a debt of one thousand dollars ; and as additional and collateral security for the same debt , he assigned to the association five shares of its stock , of ...
... land in the city of Trenton to the Trenton Mutual Loan As- sociation , to secure a debt of one thousand dollars ; and as additional and collateral security for the same debt , he assigned to the association five shares of its stock , of ...
Page 71
... land or money as aforesaid , that then the said Samuel should reconvey the said land , or pay the said money , as the case might be , to the said grantors , their heirs or assigns . Subsequent to the execution of this trust deed , the ...
... land or money as aforesaid , that then the said Samuel should reconvey the said land , or pay the said money , as the case might be , to the said grantors , their heirs or assigns . Subsequent to the execution of this trust deed , the ...
Page 72
... land either at public or private sale . " The proceeds of the pro- perty , when sold , are not to be paid over immediately to the beneficiary , and the trust thus terminated by its com- plete execution . But the trust still continues ...
... land either at public or private sale . " The proceeds of the pro- perty , when sold , are not to be paid over immediately to the beneficiary , and the trust thus terminated by its com- plete execution . But the trust still continues ...
Page 73
... land in his hands is affected with the trusts which pre- viously attached to it . And notwithstanding the revised statute of the state of New York , which provides that , " where the trust shall be expressed in the instrument creating ...
... land in his hands is affected with the trusts which pre- viously attached to it . And notwithstanding the revised statute of the state of New York , which provides that , " where the trust shall be expressed in the instrument creating ...
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Common terms and phrases
administrator admitted advances agreed agreement alleged amount answer appears applied assignment attachment authority Banking benefit bill bonds called canal cause Chancellor charged circumstances claim complainant consideration considered contract conveyed counsel court creditors debt debtor decree deed defendants delivered denied directed dollars East Newark entitled equity evidence executed executors fact filed fraud fund further give given ground hands held Hudson hundred injunction insisted intention interest issue Jersey John judgment land lien lots Mallery manner matter ment Morris mortgage necessary notes objection opinion paid parties payment performance possession premises present principle proceedings proof protection proved purchase question reason received reference relief remaining rule says Schenck sell Smith sold statute street sufficient suit taken tion true trustee Urquhart whole wife witness
Popular passages
Page 88 - Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the succeeding section of this act.
Page 26 - ... debt ; the latter has a right in equity to compel the former to resort to the other fund, in the first instance for satisfaction...
Page 88 - ... if a resident of this state, shall reside at the time of the execution thereof; and if not a resident, then in the city or town where the property so mortgaged shall be at the time of the execution of such instrument.
Page 467 - If we advert to the cases on the subject, we shall find that trusts are enforced, not only against those persons who are rightfully possessed of trust property, as trustees, but also against all persons who come into possession of the property bound by the trust, with notice of the trust.
Page 389 - The courts do not undertake to relieve parties from their acts and deeds fairly done on a full knowledge of facts, though under a mistake of the law. Every man is to be charged, at his peril, with a knowledge of the law. There is no other principle which is safe and practicable in the common intercourse of mankind.
Page 17 - The deed purports to secure a debt of £30,000, due to all the mortgagees. It was really intended to secure different sums, due at the time to particular mortgagees, advances afterwards to be made and liabilities to be incurred to an uncertain amount.
Page 170 - So, if both parties should be ignorant of a matter of law, and should enter into a contract for a particular object, the result whereof would, by law, be different from what they mutually intended; here, on account of the surprise, or immediate result of the mistake of both, there can be no...
Page 283 - It may be natural, as where it is made by the natural flow of the water caused by the general superficies of the surrounding land from which the water is collected into one channel : or it may be artificial, as in case of a ditch or other artificial means used to divert...
Page 435 - Now, therefore, this Indenture witnesseth, that the said party of the first part, in consideration of the premises, and of...
Page 289 - But the acts or omissions must be such as to endanger the trust property or to show a want of honesty, or a want of proper capacity to execute the duties, or a want of reasonable fidelity.