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 70
... statute provides that if the adultery is by collusion , with intent to procure a divorce , or if the complainant is consenting thereto , no divorce shall be granted . This is an adoption and a re - enacting of the rules on this subject ...
... statute provides that if the adultery is by collusion , with intent to procure a divorce , or if the complainant is consenting thereto , no divorce shall be granted . This is an adoption and a re - enacting of the rules on this subject ...
Page 76
... statutes like our own , have held this a sufficient bar . The reasoning of those cases would apply with increased force ... statute of limitations is a good plea to a bill for an account of trust funds , where the trust is not direct or ...
... statutes like our own , have held this a sufficient bar . The reasoning of those cases would apply with increased force ... statute of limitations is a good plea to a bill for an account of trust funds , where the trust is not direct or ...
Page 79
... statute of limitations is not good , because it relates to a trust ; that Shepherd , in this case , was a trustee for McClane . The statute of limitations is a good defence in equity as well as at law . When it does not , by its terms ...
... statute of limitations is not good , because it relates to a trust ; that Shepherd , in this case , was a trustee for McClane . The statute of limitations is a good defence in equity as well as at law . When it does not , by its terms ...
Page 80
... statutes , are those which are creatures of the court of equity , and not within the cognizance of a court of law , and that as to those other trusts which are the ground of an action at law , the statute is , and in reason ought to be ...
... statutes , are those which are creatures of the court of equity , and not within the cognizance of a court of law , and that as to those other trusts which are the ground of an action at law , the statute is , and in reason ought to be ...
Page 81
... statute of limitations is a good plea . LINELL'S ADMINISTRATOR vs. LINELL and others . 1. A direction by a testator , that the proceeds of certain lands be applied to erect a house , if his family desired it , with no other directions ...
... statute of limitations is a good plea . LINELL'S ADMINISTRATOR vs. LINELL and others . 1. A direction by a testator , that the proceeds of certain lands be applied to erect a house , if his family desired it , with no other directions ...
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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...