Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 21Soney & Sage, 1871 - Law reports, digests, etc |
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Page 40
... performance , that they take but feeble hold on the horns of the altar of justice . Such a complainant cannot expect any favorable leaning of the court , but must present a case free from any reasonable doubt . The first act charged ...
... performance , that they take but feeble hold on the horns of the altar of justice . Such a complainant cannot expect any favorable leaning of the court , but must present a case free from any reasonable doubt . The first act charged ...
Page 97
... performance of these covenants and the convey- ance of the entire estate , is thus " a condition going to the essence of the contract ; " and the failure to perform this makes a total failure of consideration , and the mortgage given ...
... performance of these covenants and the convey- ance of the entire estate , is thus " a condition going to the essence of the contract ; " and the failure to perform this makes a total failure of consideration , and the mortgage given ...
Page 98
... performance of which was expressly made by the parties a condition precedent to the payment of the mortgage , should first be performed . ( c . ) The case differs radically from that where a warranty deed only is taken . If a purchaser ...
... performance of which was expressly made by the parties a condition precedent to the payment of the mortgage , should first be performed . ( c . ) The case differs radically from that where a warranty deed only is taken . If a purchaser ...
Page 99
... performance of the covenants in the deed poll , and the complainant's bill should be dismissed . THE CHANCELLOR . The suit is for the foreclosure of an ordinary mortgage . By the terms of it , both principal and interest are due . The ...
... performance of the covenants in the deed poll , and the complainant's bill should be dismissed . THE CHANCELLOR . The suit is for the foreclosure of an ordinary mortgage . By the terms of it , both principal and interest are due . The ...
Page 118
... performance , is fatal to relief . This cause was argued upon pleadings and proofs . Mr. Pitney , for complainants . Mr. Vanatta , for defendant . Haughwout and Pomeroy e . Murphy . THE CHANCELLOR . 118 CASES IN CHANCERY .
... performance , is fatal to relief . This cause was argued upon pleadings and proofs . Mr. Pitney , for complainants . Mr. Vanatta , for defendant . Haughwout and Pomeroy e . Murphy . THE CHANCELLOR . 118 CASES IN CHANCERY .
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Common terms and phrases
adultery agreement alleged amount answer appeal applied assignment Baird Bergen bill bond Boonton branch C. E. Green cause Chancellor charge circumstances claim common law complainant complainant's consent consideration Constitution construction contract conveyance conveyed Court of Chancery court of equity covenant creditors cross-bill death debts Decamp declared decree deed defendant denied Derby divorce entitled Erie evidence execution fact father filed fraud given Green's Ch ground heirs held Hillburn Hoboken husband injunction intended interest Jersey City judgment jurisdiction Klous Landis lands legacy legislature Long Dock Company marriage matter ment mortgage necessary opinion paid party payment plainant premises Prerogative Court proof purchase money purpose question railroad company Raritan relief rule says secure separate estate settled specific performance statute statute of distributions statute of frauds stipulations suit testator testimony tion tracks trust Vanderveer Vanderveer's Executor void Walker Wheeler wife witness words
Popular passages
Page 547 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 515 - And even when time is not thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has been inexcusably negligent in performing the contract on his part; or if there has, in the intermediate period...
Page 522 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 426 - The judicial power shall be vested in a Court of Errors and Appeals, in the last resort in all causes, as heretofore ; a Court for the trial of Impeachments ; a Court of Chancery; a Prerogative Court ; a Supreme Court...
Page 182 - In any case where a writ of error may be a supersedeas the defendant may obtain such supersedeas by serving the writ of error, by lodging a copy thereof for the adverse party in the clerk's office where the record remains, within sixty days, Sundays exclusive, after the rendering of the judgment complained of, and giving the security required by law on the issuing of the citation.
Page 426 - The judicial power shall be vested in a court of errors and appeals in the last resort in all causes, as heretofore ; a court for the trial of impeachments ; a court of chancery ; a prerogative court ; a supreme court ; circuit courts, and such inferior courts as now exist, and as may be hereafter ordained and established by law ; which inferior courts the legislature may alter or abolish, as the public good shall require.
Page 515 - But except under circumstances of this sort, or of an analogous nature, time is not treated by ourts of equity as of the essence of ^the. contract, and relief will be decreed to the party who seeks it, if he has not been grossly negligent and comes within a reasonable time, although he has not complied with the strict terms of the contract. But in all such cases the court expects the party to make out a case free from all doubt, and to show that the relief which he asks is, under all the circumstances,...
Page 527 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Page 17 - ... heirs of the body of W, share and share alike as tenants in common ; and if but one child, the whole to such only child, and for want of such issue, to the heirs of the devisor : held, that an estate-tail vested in IV.
Page 361 - I give, devise, and bequeath all the rest and residue of my estate...