Reports of Cases Argued and Determined in the Court of Exchequer in Equity ... [1834-1842], Volume 2S. Sweet, 1838 - Equity |
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Common terms and phrases
accommodation bills admitted aforesaid agreement Alderson alleged annuity answer appears apply appointed arbitration assigns attorney Bank of England Barker bill Blagrove Bradshaw BLIGH charged CHESLYN circumstances claim conveyance costs Court of Chancery court of equity daughter death debt decree deed defendant defendant's demurrer devise documents entitled evidence executed executors fact filed fraud George Gretton ground heirs Hicks husband interest James James Gregory John Lloyd Jones judgment lands lease legacy legatees Lord Chief Lord Eldon manor Marquess of WATERFORD marriage Master ment mortgage notice paid parish parties payment personal estate plaintiff possession prayed premises privy tithes purchase purpose question real estate received rector rents and profits respect settlement shares shew Simpkinson small tithes Smith solicitor statute suit Tenbury testator's testatrix thereof Thomas Dalby tiff tion transaction trust vicar whole wife William
Popular passages
Page 435 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Page 683 - 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 rights and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence. When these are wanting the court is passive and does nothing.
Page 208 - ... 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 295 - Houses, establishing the funds for the security and advantage of the subscribers; empowering their majesties to incorporate them by the name of The Governor and Company of the Bank of England, under a proviso, that at any time after the first...
Page 527 - England in the name and with the privity of the Accountant-General of the Court of Chancery, to be placed to his account there...
Page 684 - But as often as parliament had limited the time of actions and remedies to a certain period, in legal proceedings, the Court of Chancery adopted that rule, and applied it to similar cases in equity. For when the legislature had fixed the time at law, it would have been preposterous for equity, which, by its own proper authority, always maintained a limitation, to countenance laches beyond the period that law had been confined to by parliament ; and, therefore, in nil cases where the legal right has...
Page 435 - ... the enjoyment of the land without payment or render of tithes, money or other matter in lieu thereof for the full period of thirty years next before the time of such demand, unless...
Page 272 - ... rents, tenements, and hereditaments of what kind, nature, or quality soever ; and also to sell, grant, demise, alien, or dispose of the same...
Page 352 - ... who would for the time being have been entitled to the rents and profits of the said lands, tenements and hereditaments so hereby directed to be purchased, in case such purchase or settlement were made.
Page 172 - Although a court of equity will not in general decree the specific performance of an agreement to refer to arbitration, or, on the death of an arbitrator, substitute the Master for the arbitrator, yet, where matters of account have been referred to arbitration, which fails by the death of the arbitrator, a party who refuses to supply the defect, by naming a new arbitrator, will receive no relief from a court of equity, except upon the terms of his doing equity; and those terms may consist in his...