Reports of Cases Adjudged in the Court of Chancery of New-York: Containing the Cases from March, 1814 to [July, 1823] ... Inclusive, Volume 6E. F. Backus, State-street, Van Winkle & Wiley, printers, 1828 - Equity |
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Common terms and phrases
accordingly acres administrator admitted adultery afterwards agreement allowed amount answer applied assets assignment attorney bankrupt bill bona fide purchaser cause cents CHANCELLOR charge Charles Murray cited claim commissioners contract costs Court Court of Chancery Court of equity covenant creditors death debt debtor declared decree defendant demand demurrer devise discharge dollars dower entitled equity equity of redemption execution executor fact favour fendant filed fraud fraudulent fund heir injunction interest intestate Johns judgment land lease lien Lord Eldon Lord Hardwicke master ment MOOERS mortgage MUMFORD New-York paid party payable payment personal estate plaintiff plea pleadings possession premises premium principal proof proved purchaser question real estate received release Rensselaer county rent Robert Murray rule sold specific performance statute of limitations Storrs sufficient suit surety tiff tion trust deed usury Vesey wife
Popular passages
Page 152 - Here the defendants, therefore, have one common interest among them all. centering in the point in issue in the cause, and distinct matters, of different natures, are not demanded by the bill.
Page 518 - The rule is, that chancery will not relieve against a judgment at law on the ground of its being contrary to equity, unless the defendant in the judgment was ignorant of the fact in question pending the suit, or it could not have been received as a defense, or unless he was prevented from availing himself of the defense by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part.
Page 396 - Upon this subject a Court of Equity is not guided by the Rules of Law. It will sometimes hold a Charge extinguished where it would subsist at Law ; and sometimes preserve it, where at Law it would be merged. The question is upon the intention, actual or presumed, of the Person, in whom the Interests are united.
Page 100 - If the act is in itself immoral, or a violation of the general laws of public policy, there the party paying shall not have this action...
Page 139 - Ch. 139, it was held that a creditors' bill could be filed against several persons relative to matters of the same nature, forming a connected series of acts, all intended to defraud and injure the plaintiffs, and in which all the defendants were more or less concerned, though not jointly in each act.
Page 396 - It is very clear, that a person, becoming entitled to an estate, subject to a charge for his own benefit, may, if he chooses, at once take the estate, and keep up the charge.
Page 424 - It when at law it would be merged. The question is upon the intention, actual or presumed, of the person in whom the interests are united. In most instances it is, with reference to the party himself, of no sort of use to have a charge on his own estate; and when that Is the case it will be held to sink, unless something shall have been done by him to keep it on foot.