Practice of the Court of Chancery: With an Appendix, Containing All the General Orders Issued on and Since the 3rd April, 1823, and Also the Recent Statutes Relative to Practice |
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Page 14
... proceed at law , there must be an affidavit that the instrument --or of instru . is lost . Or if the bill be for discovery of an instru- of defendant . ment suggested to be in the power or custody of the ment in hands defendant , and ...
... proceed at law , there must be an affidavit that the instrument --or of instru . is lost . Or if the bill be for discovery of an instru- of defendant . ment suggested to be in the power or custody of the ment in hands defendant , and ...
Page 16
... friend of the infant plaintiff was insolvent , and had been indemnified from the costs of the suit , the Court refused , on these grounds , to stay the proceed- ings in the suit until the next friend was changed 16 PRACTICE OF THE.
... friend of the infant plaintiff was insolvent , and had been indemnified from the costs of the suit , the Court refused , on these grounds , to stay the proceed- ings in the suit until the next friend was changed 16 PRACTICE OF THE.
Page 25
... proceed- ' ings as far as possible to the existing state of society , and to apply its jurisdiction to all those new cases which , from the progress daily making in the affairs ' of men , must continually arise , and not , from too ...
... proceed- ' ings as far as possible to the existing state of society , and to apply its jurisdiction to all those new cases which , from the progress daily making in the affairs ' of men , must continually arise , and not , from too ...
Page 27
... proceeds of the sale , and for the parties when rents and profits of the estate , such trustees shall in trust can ' represent the persons beneficially interested in the discharge . estate or the proceeds , or the rents and profits , in ...
... proceeds of the sale , and for the parties when rents and profits of the estate , such trustees shall in trust can ' represent the persons beneficially interested in the discharge . estate or the proceeds , or the rents and profits , in ...
Page 28
... proceeds of the sale , this order does not apply . It may , perhaps , be argued , that where the legal estate is vested in trus- tees with power of sale , and their receipt to be a good discharge for the purchase - money , the power to ...
... proceeds of the sale , this order does not apply . It may , perhaps , be argued , that where the legal estate is vested in trus- tees with power of sale , and their receipt to be a good discharge for the purchase - money , the power to ...
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Common terms and phrases
affidavit aforesaid alleged allowed amended bill answer separately answer the bill appear and answer application attachment Beav bill pro confesso cause certificate clerk in court costs counsel Court of Chancery Courts of Equity custody decree or order deemed defendant defendant's demurrer direct discharge dismissed entitled equity exceptions fendant filed further answer habeas corpus hearing infant injunction insufficiency interrogatories irregular issued jurisdiction liberty Lord Chancellor Lord Eldon Lords Cottenham Madd Master Master's report ment necessary oath obtained an order office copy overruled party payment person petition plaintiff plea plead practice proceedings process of contempt purpose reference refused revivor rule SECTION security for costs sequestration serjeant-at-arms served sheriff shew Six Clerks solicitor subpoena sufficient suit Swanst swer taken pro confesso thereof think fit tiff tion Vice-Chancellor want of answer wife witnesses writ
Popular passages
Page xx - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page lxiv - Lord (q), or at any time afterwards, or over which the said 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...
Page lxiv - Chancery, and according to the form of 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 lxii - 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 xxvi - ... into the Bank of England, in the name and with the privity of the accountant-general of the Court of Chancery...
Page lxxiii - To the end, therefore, that the said defendants may, if they can, show why your orator should not have the relief hereby prayed, and may, upon their several and respective corporal oaths, and according to the best and utmost of their several and respective knowledge, remembrance, information, and belief, full, true, direct, and perfect answer make to such of the several interrogatories hereinafter numbered and set forth, as by the note hereunder written they are respectively required to answer; that...
Page lxvi - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said CD or any person in trust for him was seised or possessed of on the said day of...
Page xliii - Lord High Chancellor of Great Britain,, by and with the advice and assistance of the Right Honourable HENRY LORD LANGDALE, Master of the Rolls...
Page lxv - AB, as his proper goods and chattels, and also 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 as aforesaid, shall have been levied.
Page lix - AB, in pursuance of the said decree or order (as the case may he). And that you do all such things as by the statute passed in the second year of our reign, you are authorized 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.