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
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
9 Ves according appears applied appointment assignment authority Ball Beav benefit Brown cestui que trust cited Coll considered construction Coop Corporation Court of Chancery created creditors death decision decree deed devise Dick directed doctrine Duke Earl East effect England entitled equitable execution exercise express Forrest Freem fund gift give given Hall Hare heir held infra intention interest Jones judgment jurisdiction Keen land legacy legal estate limitation Lord matter namely nature objects observed PAGE particular parties person Phill principle question reason REFERRED regards relations remain rule Russ securities Smith statute sufficient suit supra Swanst TABLE tenant trust Vern vested Vict whole wife Wood
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 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...