Reports of Cases Decided in the High Court of Chancery: By the Right Hon. Sir John Leach ... [and Others] Vice-chancellors of England. [1826-1852], Volume 11J. & W. T. Clarke, 1843 - Equity |
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Page 26
... questions are raised by this bill . The first is a question of interpleader , that is , to which of the Defendants the principal sum due on the policy belongs . The second is , whether the insurance com- pany ought to pay interest on ...
... questions are raised by this bill . The first is a question of interpleader , that is , to which of the Defendants the principal sum due on the policy belongs . The second is , whether the insurance com- pany ought to pay interest on ...
Page 28
... question relating to the costs of the action . It is perfectly clear that , where the sole Defendant in an action dies before judgment , the action is gone , and no costs can ever be recovered in it . The VICE - CHANCELLOR : The question ...
... question relating to the costs of the action . It is perfectly clear that , where the sole Defendant in an action dies before judgment , the action is gone , and no costs can ever be recovered in it . The VICE - CHANCELLOR : The question ...
Page 29
... question to maintain with the Defendant , the purchaser ; and , if he seeks an injunction , must obtain it , not upon the principle of interpleader , but on an order for time , or upon the answer . " So that it is quite clear that , in ...
... question to maintain with the Defendant , the purchaser ; and , if he seeks an injunction , must obtain it , not upon the principle of interpleader , but on an order for time , or upon the answer . " So that it is quite clear that , in ...
Page 30
... question may be decided with respect to any claim that Ward may have ; for , with that , the executors of Whitelock have nothing to do . The bill is also oddly constituted in another respect.- It raises a question between the society ...
... question may be decided with respect to any claim that Ward may have ; for , with that , the executors of Whitelock have nothing to do . The bill is also oddly constituted in another respect.- It raises a question between the society ...
Page 39
... question is whether there has been such a damnum as will justify the party in applying to 1842 . CAMPBELL 0 . SCOTT . 1842 . CAMPBELL v . SCOTT . the Court ; D4 CASES IN CHANCERY . 39 Londinensis; and, although the matter taken, formed ...
... question is whether there has been such a damnum as will justify the party in applying to 1842 . CAMPBELL 0 . SCOTT . 1842 . CAMPBELL v . SCOTT . the Court ; D4 CASES IN CHANCERY . 39 Londinensis; and, although the matter taken, formed ...
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Common terms and phrases
Act of Parliament aforesaid alleged annuity answer appears applied appointed assignees Austwick bankrupts benefit bill charity claim clause codicil Company costs Court court of equity creditors daughter death debts decease declared decree deed Defendants demurrer devise directed dissenters Duesbury Edward Weld effect Elizabeth Throckmorton entitled equity evidence execution executors filed Firmin freehold funds heirs hereditaments husband indenture infant insolvent intended interest interpleader issue John Joseph Weld jurisdiction Kekewich Knight Bruce Lady Champneys Lady Hewley lease legacies Lord Lord Chancellor Lord Eldon marriage Master ment moiety mortgage opinion paid parties partnership payment personal estate petition Plaintiff possession prayed Presbyterians purchase purpose question real estates remainder rents residue respect settlement shares Sir James Hay Sir James Langham suit survivor Taylor tenant testator's thereby therein thereof Thomas Tibbits tion trust trust-funds vested Vice-Chancellor wife words
Popular passages
Page 23 - ... 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 be payable in all cases in which it is...
Page 530 - ... courts of equity with respect to matters therein depending, and by the Lord Chancellor and the Court of Review in matters of bankruptcy, and by the Lord Chancellor in matters of lunacy; and all remedies hereby given to judgment creditors are in like manner given to persons to whom any monies, or costs, charges, or expenses, are by such orders or rules respectively directed to be paid.
Page 166 - ... or the survivor of them, or the executors or administrators of the survivor; and the money recovered therein shall be deposited in the town treasury, to be applied and disposed of as provided in the twelfth section.
Page 277 - ... entitled to the possession or to the receipt of the rents and profits...
Page 148 - Where two or more persons claim the same thing by different or separate interests, and another person, not knowing to which of the claimants he ought of right to render a debt or duty, or to deliver property in his custody, fears he may be hurt by some of them, he may exhibit a bill of interpleader against them.
Page 233 - ... and in such manner as they, my said trustees, or the survivors or survivor of them, his executors or administrators shall think most proper and advisable.
Page 548 - The rule is, that technical words shall have their legal effect, unless, from subsequent inconsistent words, it is very clear that the testator meant otherwise.
Page 137 - Wilcox's father, and who was dead at the date of the will, never could have taken. Then the testator directs that the issue of such of the children as were dead, should take only the share to which their parent would have been entitled if living.
Page 517 - ... settlement to perpetuate during the whole or any part of such period the protectorship of the settlement in any one person or number of persons in...
Page 456 - ... a supplemental bill in the nature of a bill of review, and cannot be filed except with leave of the court.