Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey, Volume 12Hough & Gillespy, Printers, 1877 - Equity |
From inside the book
Results 1-5 of 81
Page 31
... sheriff's sale under an execution at law . She has filed a general demurrer for want of equity . On the argu- ment the following causes of demurrer were assigned : that the bill does not aver that the complainants are a corporation ...
... sheriff's sale under an execution at law . She has filed a general demurrer for want of equity . On the argu- ment the following causes of demurrer were assigned : that the bill does not aver that the complainants are a corporation ...
Page 45
... sheriff's sale , under an execu- tion at law against Babbitt . The sheriff's deed to him is dated in August , 1869. By deed dated the 4th of April , 1870 , he conveyed the equity of redemption to Babbitt and Condit , as trustees under ...
... sheriff's sale , under an execu- tion at law against Babbitt . The sheriff's deed to him is dated in August , 1869. By deed dated the 4th of April , 1870 , he conveyed the equity of redemption to Babbitt and Condit , as trustees under ...
Page 55
... sheriff , certain hay , standing corn and grow- ing oats and a lot of manure , which the sheriff had levied on as the property of Bunn , under an execution on the judgment ; and also from bringing suit on the replevin bond given to the ...
... sheriff , certain hay , standing corn and grow- ing oats and a lot of manure , which the sheriff had levied on as the property of Bunn , under an execution on the judgment ; and also from bringing suit on the replevin bond given to the ...
Page 56
... Ballentine judgment , ( which was recovered prior to the testator's death , ) and having caused execution to be issued upon it , the sheriff of Somerset levied Kean v . Asch . on the hay , corn 56 CASES IN CHANCERY .
... Ballentine judgment , ( which was recovered prior to the testator's death , ) and having caused execution to be issued upon it , the sheriff of Somerset levied Kean v . Asch . on the hay , corn 56 CASES IN CHANCERY .
Page 70
... sheriff's sale of mortgaged premises . Mr. I. W. Lanning , for motion . Mr. J. S. Aitkin , contra . THE CHANCELLOR . The " act relative to sales of lands under a public statute or by virtue of any judicial proceeding , " ( Rev. , p ...
... sheriff's sale of mortgaged premises . Mr. I. W. Lanning , for motion . Mr. J. S. Aitkin , contra . THE CHANCELLOR . The " act relative to sales of lands under a public statute or by virtue of any judicial proceeding , " ( Rev. , p ...
Common terms and phrases
according action administration agreed agreement alleged amount answer appears appellant applied assignment authority benefit bill bond building C. E. Green cause Chancellor charge claim complainant complainant's consideration construction contract conveyance conveyed costs court creditors death debt decree deed defendant Delaware delivered direction entitled equity evidence execution executors existence fact filed fraud further give given granted ground hands hearing held husband injunction insists intended interest issued Jersey John judgment Kirtland land latter legacy lien March ment mortgage mortgaged premises necessary notice objection obtained opinion owner paid parties payment person possession present proceedings proof provision purchase question Railroad reason received reference relief respect river rule says share sheriff's signed sold suit taken testimony thereof tion trust wife witness
Popular passages
Page 521 - 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, been a material change of circumstances, affecting the rights, interests, or obligations of the parties ; in all such cases courts of equity will refuse to decree any specific performance, upon the plain ground...
Page 106 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Page 172 - ... appear and show cause why the prayer of the petition should not be granted...
Page 276 - ... warrant, order, judgment, or decree shall be void to all intents and purposes whatsoever. And the person or persons so serving or executing the same, shall be as liable to the suit of the party grieved, and to answer damages to him for doing thereof, as if he or they had done the same without any writ, process, warrant, order, judgment, or decree at all.
Page 90 - To HAVE AND TO HOLD, the ^K^ above granted, bargained and described premises, with the appurtenances, unto the said party of the second part, and his heirs and assigns...
Page 210 - ... of any property, money, or thing in action, due to him, or held in trust for him ; and to prevent the transfer of any such property, money, or thing, in action, or the payment or delivery thereof, to the defendant, except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Page 106 - ... it by fraud or accident, or the act of the opposite party unmixed with negligence or fault on his part.
Page 634 - Island, and bounded on the east part by the main sea and part by Hudson's River, and hath upon the west Delaware Bay or River, and extendeth southward to the main ocean as far as Cape May, at the mouth of Delaware Bay, and to the northward as far as the northernmost branch of the said Bay or River of Delaware, which is forty-one degrees and forty minutes of latitude...
Page 210 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action due to him, or held in trust for him and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from some person other than the defendant himself.
Page 525 - Upon this principle it was decided, in a modern case, that payment of money to an executor, who has obtained probate of a forged will, is a discharge to the debtor of the...