Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Cottenham, with a Few in the Time of the Lords Commissioners, and of Sir C. C. Pepys, Master of the Rolls, Volume 4Saunders and Benning, 1843 - Equity |
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Page 89
... purchaser , if his purchase had been impeachable only on that ground . It ( a ) Of Horatio Davis , a pur- been bequeathed by Sir John chaser from John Henry Davis , to whom the long annuities had Davis . 1838 . SCOTT V. DAVIS . 1838 ...
... purchaser , if his purchase had been impeachable only on that ground . It ( a ) Of Horatio Davis , a pur- been bequeathed by Sir John chaser from John Henry Davis , to whom the long annuities had Davis . 1838 . SCOTT V. DAVIS . 1838 ...
Page 91
... purchaser for a valuable consideration without notice , and that the Plaintiff has confirmed his title ; but it is obvious that this defence cannot avail him . His purchase is only of an equity , and the circumstances of the property ...
... purchaser for a valuable consideration without notice , and that the Plaintiff has confirmed his title ; but it is obvious that this defence cannot avail him . His purchase is only of an equity , and the circumstances of the property ...
Page 93
... purchaser at a price which , without imputing any dishonest motives to him , operated as a loss to the cestui que trust . Such a trans- action cannot stand ; and , providing for the alteration I have directed , I must dismiss this ...
... purchaser at a price which , without imputing any dishonest motives to him , operated as a loss to the cestui que trust . Such a trans- action cannot stand ; and , providing for the alteration I have directed , I must dismiss this ...
Page 124
... purchasers is constituted between the parties , and the value of the property ( if the parties cannot agree ) is to be ascer- tained by reference to a jury , to be summoned from the county or district within which the property is ...
... purchasers is constituted between the parties , and the value of the property ( if the parties cannot agree ) is to be ascer- tained by reference to a jury , to be summoned from the county or district within which the property is ...
Page 162
... purchaser , to set aside the purchase of it , from arbitrating on the claim . Upon this the Vice- Chancellor very justly observed that the reason assigned for not arbitrating upon this claim is wholly untenable : but his Honor held that ...
... purchaser , to set aside the purchase of it , from arbitrating on the claim . Upon this the Vice- Chancellor very justly observed that the reason assigned for not arbitrating upon this claim is wholly untenable : but his Honor held that ...
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Common terms and phrases
act of parliament affidavit aforesaid afterwards alleged amount annuity ANSDELL answer appears applied appointed assigns bill cause charge claim Collison considered consignee Coppin costs Court of Chancery covenant coverture creditor daughter David Webster death debts decease declared decree deed deed-poll Defendant demurrer directed discharged Dunalley entitled equity executed executors Fernie filed fund give heir husband injunction interest John jurisdiction land lease legacies liable LORD CHANCELLOR Lord Eldon Lordship marriage Master ment Morison mortgage motion Mylne & Craig Mylne & Keen necessary NEDBY opinion paid parties partner partnership payment personal estate petition Plaintiff prayed proceedings purchaser purpose question received referred rents residue respect Rolls settlement share shew solicitor suit Taylor testator's thereof Thomas Thomas Plumer Thomas Waller tion tithes trust Vice-Chancellor Wedderburn Wellesley wife Wigram William Wood writ
Popular passages
Page xix - Lord (a), or at any time afterwards, or over which the said CD on the said day of (a), or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit...
Page xviii - Court, and according to the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page x - VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To the Sheriff of greeting. WE COMMAND you that of the goods and chattels of CD in your bailiwick, you cause to be made the sum of...
Page ix - Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To the Sheriff of , greeting. We command you that of the goods and chattels of CD, in your bailiwick, you cause to be made the sum of...
Page xix - AB, by a reasonable price and extent, all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough...
Page xiii - CD on the said day of or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of /. and /., together with interest upon the said sum of /., at the...
Page xii - ... and required to do in this behalf, and in what manner you shall have executed this our writ, make appear to us in our said court immediately after the execution thereof, and have there then this writ.
Page ix - ... and that you have that money and interest before us in our said Court immediately after the execution hereof, to be paid to the said AB, in pursuance of the said judgment [or order, as the case may be].
Page x - And in what manner you shall have executed this our writ make appear to us in our Court aforesaid, immediately after the execution...
Page 142 - I think it the duty of this court to adapt its practice and course of proceeding to the existing state of society, and not by too strict an adherence to forms and rules, established under different circumstances, to decline to administer justice, and to enforce rights, for which there is no other remedy.