Reports of Cases Argued and Determined in the Court of Exchequer in Equity ... [1834-1842], Volume 3S. Sweet, 1836 - Equity |
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Page 19
... appears to me , therefore , upon this state of facts , that Thomas Roweroft was a mere incumbrancer , and that the persons taking under him could not be in a better situation than Thomas Rowcroft himself . But then there are certain ...
... appears to me , therefore , upon this state of facts , that Thomas Roweroft was a mere incumbrancer , and that the persons taking under him could not be in a better situation than Thomas Rowcroft himself . But then there are certain ...
Page 25
... appears to me that I ought to receive it . The cause then proceeded on the merits . Mr. Swanston , Mr. Lovat , and Mr. James Russell , for the plaintiff , in the course of a long argument , addressed principally to the facts of the case ...
... appears to me that I ought to receive it . The cause then proceeded on the merits . Mr. Swanston , Mr. Lovat , and Mr. James Russell , for the plaintiff , in the course of a long argument , addressed principally to the facts of the case ...
Page 28
... appears clear , from the bill of costs , that not only the deeds were exe- cuted , but the releases . The plaintiff has been suffi- ciently slow in producing the deed , and he has not pro- duced the release : but can there be the ...
... appears clear , from the bill of costs , that not only the deeds were exe- cuted , but the releases . The plaintiff has been suffi- ciently slow in producing the deed , and he has not pro- duced the release : but can there be the ...
Page 32
... appears that Rowcroft remained in full possession . Is there then any evidence of admis- sions on his part of the claims of the next of kin , or of his holding simply in the character of a mortgagee under the assignment of Smith's ...
... appears that Rowcroft remained in full possession . Is there then any evidence of admis- sions on his part of the claims of the next of kin , or of his holding simply in the character of a mortgagee under the assignment of Smith's ...
Page 33
... appears from Lord Nottingham's own note ( c ) . It is clear that the mortgage of a term by the administra- tor of an intestate is a total alienation of the term quà the intestate's estate , and if the whole term is alienated , the ...
... appears from Lord Nottingham's own note ( c ) . It is clear that the mortgage of a term by the administra- tor of an intestate is a total alienation of the term quà the intestate's estate , and if the whole term is alienated , the ...
Common terms and phrases
Abraham Toulmin administrator admitted affidavit aforesaid ALDERSON Alexander Hubbert alleged amount ancient pasture ancient tenement annuity answer appears applied assigns Attwood bill was filed bond cause charge claim contract conveyance Copland costs court of equity covenant creditors daughter Dawson death debts decease decree deed defendant defendant's demurrer directed entitled evidence executed executors freehold fund grandchildren heirs Hillacre Horrox House of Lords indenture interest John Matthias lands lease Lord Chief Lord Eldon manor Mark Perkins marriage matters Maund ment modus monies mortgage motion objection paid partner partnership party payment personal estate Petton plaintiff plea possession prayed premises purchase question received residue respect Richard Robert Blackman Robert Farquhar settlement share shew Simpkinson Sir William Skeffington SKEFFINGTON solicitor suit taken tenants testator's thereof Thomas Hubbert Thomas Rowcroft tion tithes trust Westhay wife William
Popular passages
Page 8 - HH doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said...
Page 386 - ... or over which such person shall at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might without the assent of any other person exercise for his own benefit...
Page 386 - That it shall be lawful for the sheriff or other officer to whom any writ of elegit, or any precept in pursuance thereof, shall be directed, at the suit of any person, upon any judgment which at the time appointed for the commencement of...
Page 83 - ... of the within doors as well as without to be possessed and enjoyed by her during her natural life, and at her decease the said quarter part of my farm house and barn to be...
Page 147 - ... to nominate, substitute and appoint any other person or persons to be a trustee or trustees in the...
Page 298 - Mash, his executors, administrators, and assigns, should stand possessed of and interested in the...
Page 225 - Grant, that, though at law, all persons who have a joint interest must join in an action, yet in equity it is sufficient that all persons interested in the subject of the suit should be before the Court, either in the shape of plaintiffs or defendants.
Page 145 - More, their executors, administrators, and assigns, by sale or mortgage of the said term of five hundred years, or by such other ways and means as they or the survivor of them, or the executors or administrators of such survivor shall think fit...
Page 1 - ... aforesaid, the person to whom such sum of money or costs is payable shall, immediately after such writ with such return shall be filed as of record, be at liberty by his clerk in Court to sue out a writ of venditioni exponas in the form hereinafter stated, or as near thereto as the circumstances of the case may require.