The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise, Progress and Final Establishment; to which is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of the Common Law in Regard to Civil Rights; with an Attempt to Trace Them to Their Sources; and in which the Various Alterations Made by the Legislature Down to the Present Day are Noticed, Volume 2

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Lea and Blanchard, 1850 - Equity
 

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Contents

Miscellaneous Doctrines in respect of Trusts usually found
540
Interest at 4 per cent given in some Cases on such part of the Estate
543
335
577
Of the Doctrines as to Election Satisfaction and Perform
585
233
587
400
596
319
603
CHAPTER VIII
613
434
621
326
623
320
639
Additional NoteStatutes relating to Usury
640
Constructive Notice
658
Doctrines of the Court of Chancery in regard to Proceeding
659
437
671
Of the Remedies of the Mortgagee by Foreclosure
672
Specific Performance and Foreclosure
694
Costs of Parties to whom the Mortgagee has transferred his
700
512
703
Time as a BarStatute of Limitations
709
as chargeu
714
Doctrine of Tacking one Security or Debt to anotherand
718
Priorities as between several Incumbrancers Effect on by means
727
General Requisites to enable a Person to tack
735
Doetrine as to tacking a satisfied Judgment and Observation 740742
745
Of Notice Express and Constructiveand of Fraud
754
561
759
Of the Relief in Equity in case of Mortgages of Stock
770
Of Equitable Mortgages and Liens and of Liens generally
777
land
793
Of the Mode in which the Account is to be taken between
806
590
844
Debts are Goods within the Stat 21 Jas I
848
Notice to the Debtor or Holder of the Property Essential
858
The Court of Chancery binds the Property
867
OF THE TRANSFER OF EQUITABLE ESTATES AND INTERESTS AND CONTINGENT INTERESTS
872
Of the Merger of the Equitable in the Legal Estate
875
No Difference in Equity between Legal Interests in and the Trust
888
How far capable of GiftWhat amounts to a Gift
893
When Executors and Trustees have merely committed an Error
917
241
926
or per stirpes et v sup 419 420 471 472
955
559
968
254
975
685
984
893
997

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Common terms and phrases

Popular passages

Page 695 - ... redemption shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person, in writing signed by the mortgagee or the person claiming through him...
Page 333 - The question is upon the intention, actual or presumed, of the person in whom the interests are united.
Page 696 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto or his agent...
Page 169 - That no person or persons shall after the passing of this Act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...
Page 56 - For as a trust is an office necessary in the concerns between man and man, and which, if faithfully discharged, is attended with no small degree of trouble and anxiety, it is an act of great kindness in any one to accept it ; to add hazard or risk to that trouble, and...
Page 80 - ... trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the Court as evidence, that the mind of the testator was not to create a trust; and the difficulty, that would be imposed upon the Court to say what should be so applied, or to what objects, has been the foundation of the argument, that no trust was intended"; or, as Lord Eldon expresses it in another case, (a) 2 FM.JUD.
Page 172 - ... or during the minority or respective minorities only of any person or persons who under the...
Page 695 - WHEN a mortgagee shall have obtained the possession or receipt of the profits of any land or the receipt of any rent comprised in his mortgage, the mortgagor, or any person claiming through him, shall not bring any action or suit to redeem the mortgage but within twelve...
Page 255 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property, into which they are directed to be converted...
Page 70 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was...

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