Selected Cases on Equity, Part 1E.W. Stephens, 1921 - Equity |
Contents
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| v | |
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Common terms and phrases
action at law affirmed agreed agreement alleged appears appellant appellees assigns authority benefit bill building cause of action Circuit Court circumstances claim common law compel complainant complainant's consideration contract convey conveyance Court of Appeals Court of Chancery court of equity covenant damages decree deed defendant defendant's demurrer dower easement enjoin entitled erected evidence execution fact fee simple fendant filed granted grantor ground injunction injury interest judgment jurisdiction jury justice land lease Lord matter ment Moxhay notice nuisance opinion owner paid parol parties patent payment person petition plaintiff plaintiff in error possession premises present principle purchase money purpose question railroad real estate reason refused relief remedy at law render restrain restrictive covenant rule sell specific performance Statute of Frauds stipulation suit Supreme Court tenant testator thereof tion tract trespass trial trust vendee vendor
Popular passages
Page 99 - Clinton, in his actual Possession now being by virtue of a Bargain and Sale to him thereof made for ,one whole Year by Indenture, bearing Date the Day next before the Day of the Date of...
Page 383 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 225 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 229 - Tarleton and his assigns for his life without impeachment of waste; with remainder to the use of the said WR Cosway and E.
Page 371 - Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth when published with good motives and for justifiable ends, shall be a sufficient defense.
Page 3 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 150 - And whenever conflicting claims are or may be made upon a person for or relating to personal property, or the performance of an obligation, or any portion thereof, such person may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves.
Page 142 - It is a general and well settled principle that the assignee of a chose in action takes it subject to the same equity it was subject to in the hands of the assignor, but this rule is generally understood to mean the equity residing in the original obligor or debtor, and not an equity residing in some third person against the assignor.
Page 95 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Page 163 - In a suit founded on such part performance, the defendant is really 'charged' upon the equities resulting from the acts done in execution of the contract, and not (within the meaning of the statute) upon the contract itself.