Reports of Cases Decided in the High Court of Chancery ...: With Notes and References to Both English and American Decisions ...Gould, Banks & Company, 1853 - Equity |
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Page 23
... issue , or on any inquisition of damages , may , if they shall think fit , allow interest to the creditor , at a rate not exceeding the current rate of interest , from the time when such debts or sums certain were payable , if such ...
... issue , or on any inquisition of damages , may , if they shall think fit , allow interest to the creditor , at a rate not exceeding the current rate of interest , from the time when such debts or sums certain were payable , if such ...
Page 41
... issue directed by it , had been the reverse of what it is ; yet it is not the duty of the court to direct another case or another issue , unless it sees that the opinion or the verdict is clearly wrong . ON the hearing of a motion for ...
... issue directed by it , had been the reverse of what it is ; yet it is not the duty of the court to direct another case or another issue , unless it sees that the opinion or the verdict is clearly wrong . ON the hearing of a motion for ...
Page 46
... issue to be tried by a jury , and a certificate has been returned , or a verdict found , it may easily happen that this court would have been satisfied , if the reverse had been certified in the one case , or found in the other . But I ...
... issue to be tried by a jury , and a certificate has been returned , or a verdict found , it may easily happen that this court would have been satisfied , if the reverse had been certified in the one case , or found in the other . But I ...
Page 61
... issue of the marriage should be then living , to pay two third parts of the dividends of those funds to M. C. Seton during his life , if any issue of the marriage should so long live , and , after the decease of Ann Maria Cocke , in ...
... issue of the marriage should be then living , to pay two third parts of the dividends of those funds to M. C. Seton during his life , if any issue of the marriage should so long live , and , after the decease of Ann Maria Cocke , in ...
Page 86
... issue of the marriage . From the death of Richard John Tibbits until the death of Charles Tibbits , the latter paid , to Horatia Charlotte Tibbits , 2007..a year , for the maintenance and education of Mary Isabella Tibbits ; and , after ...
... issue of the marriage . From the death of Richard John Tibbits until the death of Charles Tibbits , the latter paid , to Horatia Charlotte Tibbits , 2007..a year , for the maintenance and education of Mary Isabella Tibbits ; and , after ...
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Common terms and phrases
aforesaid alleged annuity answer appears applied appointed assignees Austwick bankrupts benefit bill charity claim clause codicil Company costs Court court of equity creditors daughter death debts decease declared decree deed defendants demurrer devise directed dividends Duesbury Edward Weld effect Elizabeth Throckmorton entitled equity evidence execution executors filed Firmin freehold funds godly heirs hereditaments husband indenture infant insolvent intended interest interpleader issue John Joseph Weld jurisdiction Kekewich Knight Bruce Lady Champneys Lady Hewley lease legacies Lord Lord Chancellor Lord Eldon marriage Master mentioned moiety mortgage opinion paid parties partnership payment personal estate petition plaintiff possession Presbyterians purchase purpose question real estates remainder rents residue respect settlement shares Sir James Hay Sir James Langham suit survivor Taylor tenant testator's thereby therein thereof Thomas Tibbits tion trust trust-funds vested VICE-CHANCELLOR Weld family wife words
Popular passages
Page 23 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument, at a certain time...
Page 23 - ... interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law.
Page 627 - ... where any doubt arises upon the true sense and meaning of the words themselves, or any difficulty as to their application under the surrounding circumstances, the sense and meaning of the language may be investigated and ascertained by evidence dehors the instrument itself ; for both reason and common sense agree that by no other means can the language of the instrument he made to speak the real mind of the party.
Page 166 - ... or the survivor of them, or the executors or administrators of the survivor; and the money recovered therein shall be deposited in the town treasury, to be applied and disposed of as provided in the twelfth section.
Page 627 - The general rule I take to be, that where the words of any written instrument are free from ambiguity in themselves, and where external circumstances do not create any doubt or difficulty as to the proper application of those words to claimants under the instrument, or the...
Page 262 - I do direct that the receipt and receipts of my said trustees, and the survivor of them, and the heirs and assigns of such survivor...
Page 248 - Provided always and it is the true intent and meaning of these presents and of the said...
Page 524 - ... creditors within the meaning of this act ; and all powers hereby given to the judges of the superior courts of common law with respect to matters depending in the same courts, shall and may be exercised by courts of equity with respect to matters therein depending, and by the Lord Chancellor and the Court of Review in matters of bankruptcy, and by the Lord Chancellor in matters of lunacy; and all remedies hereby given to judgment creditors are in like manner given to persons to whom any monies,...
Page 622 - ... no extrinsic evidence of the intention of the party to the deed, from his declarations, whether at the time of his executing the instrument, or before or after that time, is admissible ; the duty of the court being to declare the meaning of what is written in the instrument, not of what was intended to have been written.
Page 147 - Redesdale twice asserts the proposition, " that where two or more persons claim the same thing, by different or separate interests, and another person not knowing to which of the claimants he ought of right to render a debt or duty, or to deliver property in his custody, fears he may be hurt by some of them, he may exhibit a bill of interpleader against them