Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master of the Rolls, and Vice-chancellor, in the Years 1837-1838: With Notes and an Appendix, Volume 1 |
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Common terms and phrases
action affidavit aforesaid agreement amend amount Anne Bookless annuity answer applied appointed arrears assignment Atkyns Attorney-General benefit bill bond Buxton cause cent Chancery charity choses in action Company contract costs Court of Chancery court of equity creditor debt decease declared decree deed default defendant directed discharged dismiss entitled execution executors fendant feoffment filed funds further given Goldsmiths governors granted heirs hereditaments injunction John Joseph Ward judgment land legacy liberty Lord Chancellor Lord Eldon Mary Price Master Master's report ment mentioned messuages mortgage motion Mylne notice November obligee obtained paid parish party payment penalty personal estate petitioner plaintiff plea pleaded premises principal debtor proceedings referred rents and profits replevin respect rule Russell scire facias settled pensions Simons solicitor statute subpoena suit surety term testator testator's therein thereof Thomas Cooper tion trust Vesey Whitelock wife William writ yearly
Popular passages
Page 205 - ... allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall...
Page 330 - Lancaster, or being the property of any ecclesiastical or lay person or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...
Page 383 - Gibbs ; and it was ordered that such sum of 1,404/. 2s., when so paid into the Bank, should be laid out in the purchase of Bank £3 per cent. Annuities, in the name and with the privity of the said Accountant-General, in trust in the said cause, and he was to declare the trust thereof accordingly, subject to the further order of the said Court, and for the purposes aforesaid the said AccountantGeneral was to...
Page 635 - ... which is a writ of a most remedial nature, and seems to have been invented lest in any case there should be an oppressive defect of justice, where a party who hath a good defense is too late to make it in the ordinary forms of law.
Page 401 - ... mentioned, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers, if there be two or more defendants, is to be deemed sufficient.
Page 441 - The service of a subpoena shall be effected by delivering a copy of the writ, and of the indorsement thereon, and at the same time producing the original writ.
Page 577 - ... if, with the knowledge or assent of the creditor, any material part of the transaction between the creditor and his debtor is mis156 157 represented to the surety, the misrepresentation being such, that but for the same having taken place, either the suretyship would not have been entered into at all, or, being entered into, the extent of the surety's liability might be thereby increased, the security so given is...
Page 406 - ... judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit, that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable...
Page 53 - ... respectively, and their successors, in trust for the parish ; and such churchwardens and overseers of the poor and their successors, shall and may and they are hereby empowered to accept, take, and hold, in the nature of a body corporate, for and on behalf of the parish, all such buildings, lands, and hereditaments, and also all other buildings, lands, and hereditaments belonging to such parish...
Page 406 - ... made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...