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 and of the Course of Procedure in the Courts of 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

935
lxxviii
98
lxxix
795
lxxxvi
389
lxxxix
60
xc
797
xciii
PART THE THIRD
73
Exercised by Coercion of the Person when the Party found within
75
General Doctrines relating to Express Trusts
88
General view of the Doctrines of the Court of Chancery
99
General View of the Rights and Interests of the Cestui
115
Of Trusts created by Precatory and Recommendatory
126
Powers in the Nature of Trusts
140
THE DOCTRINE IN REGARD TO REMOTENESS
148
How far in a Series of Limitations those only may be avoided which
149
CHAPTER III
177
CHAPTER IV
190
158
202
Diference in the Provisions of Mortmain and Thellusson
207
CHAPTER VI
230
Resulting Trusts arising on Purchases made with
236
Resulting Trusts in favor of the Heir and next of Kin
254
and the Heir Doctrine stated by Lord Eldon 1803 239
255
800802
269
Trust Estates and Interests arising from the Maxim that
278
Where Stranger has performed the meritorious Act
279
105
307
Miscellaneous Instances of Implied Presumptive Construc
313
At Common Law Specialty Creditors had no Lien on Land before
328
Estate 324
339
106
341
Where there is a simple Charge the Real Estate can be applied only
344
601604
355
Trust Deeds for Payment of Debts
357
Of Sales of Property Real and Personal under Trusts
371
Of the Obligation of the Purchaser to see to the Applica
376
Trustee cannot aliene to satisfy his Private Debtor
377
Of Portions
392
Court will not always interfere with an Appointment made by
393
108
414
fixed all who shall be born within that period shall take
418
In the First Provision absolute in the Second settled on Child
425
Esposition by Lord Cottenham
429

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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 345 - 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 209 - 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 120 - 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 140 - ... 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 212 - ... 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 279 - 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 130 - 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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