Irish Equity Reports, Volume 3Hodges and Smith., 1841 - Equity "Cases argued and determined in the High Court of Chancery and the Rolls Court." (varies). |
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Page 3
... benefit of it in this suit . Their counsel , however , at the bar , have not confined themselves to the defence set up by their client's answer , but contend that the lease of 1785 was confirmed by the settlement of 1797 , and that we ...
... benefit of it in this suit . Their counsel , however , at the bar , have not confined themselves to the defence set up by their client's answer , but contend that the lease of 1785 was confirmed by the settlement of 1797 , and that we ...
Page 6
... benefit . If a party makes a lease which his estate does not warrant , and covenants with the lessee to indemnify him , no one taking an estate from him can impeach that contract . That is the principle of the decision in Taylor v ...
... benefit . If a party makes a lease which his estate does not warrant , and covenants with the lessee to indemnify him , no one taking an estate from him can impeach that contract . That is the principle of the decision in Taylor v ...
Page 8
... benefit of an estate and avoid the " acts of the grantor . " In the case of Stoney v . Saunders , which is stated in the argument in Popham v . Baldwin ( a ) , a renewal was decreed against the issue in tail claiming under a settlement ...
... benefit of an estate and avoid the " acts of the grantor . " In the case of Stoney v . Saunders , which is stated in the argument in Popham v . Baldwin ( a ) , a renewal was decreed against the issue in tail claiming under a settlement ...
Page 9
... benefit of the trustees , why should it abridge their estate ? The deed of 1797 was equivalent to a recovery , which would only let in the charges of the tenant in tail ( b ) . In Burke v . O'Malley ( c ) , tenant for life and remainder ...
... benefit of the trustees , why should it abridge their estate ? The deed of 1797 was equivalent to a recovery , which would only let in the charges of the tenant in tail ( b ) . In Burke v . O'Malley ( c ) , tenant for life and remainder ...
Page 18
... benefit of the former proceedings , & c .; and the Master afterwards reported prior incumbrances , & c .; and further reported that the sum of £ 1707 . 9s . was due , on foot of the above - men- tioned judgments , to the plaintiffs ...
... benefit of the former proceedings , & c .; and the Master afterwards reported prior incumbrances , & c .; and further reported that the sum of £ 1707 . 9s . was due , on foot of the above - men- tioned judgments , to the plaintiffs ...
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Common terms and phrases
affidavit afterwards amount annuity answer appears application appointed arrears assets assignment bank bankrupt bill Bodkin cause Chancery charge claim Company conditional order conveyance Court of Chancery Court of Equity covenant Creagh debtor debts deceased decision decree defendant demand demised demurrer directed Edward Bond ejectment elegit entitled Equity Exch executed executor filed fund George Steele heirs held Heron interest issue James Gannon John judgment creditor jurisdiction landlord lands lease Lord Lord Chancellor Lord Eldon Lord Plunket Malone marriage Master ment mortgage motion notice O'Dell obtained opinion paid parties payment PENNEFATHER personal estate petition petitioner plaintiff possession premises present principle priority proceedings purchase-money purchaser question receiver reference refused Remembrancer renewal rent and costs respect respondent Richard Rolls rule settlement shew solicitor statute suit sum due tenant thereof tion trust turbary William William Bayly
Popular passages
Page 185 - December, one thousand eight hundred and thirty-three, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page 400 - December, 1833, no arrears of rent, or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have Become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom...
Page 88 - And it was resolved by them, that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the Common Law), four things are to be discerned and considered: 1st.
Page 354 - ... be paid into the Bank of England in the name and with the privity of the Accountant-General of the Court of Exchequer, to be placed to his account there ex parte " The Copyhold Commissioners...
Page 6 - The general rule is, that a person cannot accept and reject the same instrument : and this is the foundation of the law of election...
Page 12 - Hanson, their executors, administrators, and assigns, upon trust that they, my said trustees and the survivor of them, and the executors and administrators of such survivor...
Page 284 - Majesties, and the survivor of them, during their lives, and the life of the survivor of them. And...
Page 399 - One thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due...
Page 333 - No doubt but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts; so that if reduced into writing contrary to the intent of the parties, on proper proof, that would be rectified.
Page 5 - In equity it is considered, as good sense requires it should be, that no man can be held by any act' üf his to confirm a title, unless he was fully aware at the time, not only of the fact upon which the defect of title depends, but of the consequence in point of law...