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 iii
... rules as other causes may be ordered to be so advanced . V. THAT in all cases in which it shall appear that certain preliminary accounts and inquiries must be taken and made , before the rights and interests of the parties to the cause ...
... rules as other causes may be ordered to be so advanced . V. THAT in all cases in which it shall appear that certain preliminary accounts and inquiries must be taken and made , before the rights and interests of the parties to the cause ...
Page 31
... rule or principle of law , but upon ATTORNEY- the views of the facts stated . I am therefore of opinion that the demurrers cannot be supported upon the two first grounds , namely , want of equity and want of juris- diction . The Master ...
... rule or principle of law , but upon ATTORNEY- the views of the facts stated . I am therefore of opinion that the demurrers cannot be supported upon the two first grounds , namely , want of equity and want of juris- diction . The Master ...
Page 32
... rule , and that passage has been adopted by subsequent writers upon equity pleading ; but he does not refer to any authority in support of that dictum . It is not necessary to inquire how far that proposition is consistent with the ...
... rule , and that passage has been adopted by subsequent writers upon equity pleading ; but he does not refer to any authority in support of that dictum . It is not necessary to inquire how far that proposition is consistent with the ...
Page 83
... rule prevails in St. Croix . Blechingberg and Guldberg , speaking of the courts there , say , that " with regard to moveable pro- perty , the above - mentioned power of the ordinary dealing court and the extraordinary dealing masters or ...
... rule prevails in St. Croix . Blechingberg and Guldberg , speaking of the courts there , say , that " with regard to moveable pro- perty , the above - mentioned power of the ordinary dealing court and the extraordinary dealing masters or ...
Page 84
... rule that the law of the place of the domicile is to regulate the decision of what was the last will and what are the rights under it be clearly the law of this country , and be proved by the Defendants ' own witnesses to be the law of ...
... rule that the law of the place of the domicile is to regulate the decision of what was the last will and what are the rights under it be clearly the law of this country , and be proved by the Defendants ' own witnesses to be the law of ...
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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.