Reports of Cases Decided in the High Court of Chancery: In 1852 [-1859] ... by Sir Richard Torin Kindersley, Vice-chancellor, Part 165, Volume 3V. & R. Stevens and G. S. Norton, 1857 - Equity |
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Page 25
... agreed not to sue till the father's death . " Held , first , that there was no implied contract , so as to convert the simple contract debt into a specialty debt . Secondly , that the schedule must be read as referring to the covenant ...
... agreed not to sue till the father's death . " Held , first , that there was no implied contract , so as to convert the simple contract debt into a specialty debt . Secondly , that the schedule must be read as referring to the covenant ...
Page 26
... agreed not to sue for their debts till the death of Peter Rye ( the Admiral ) . made , and by it the debt of By the deed of 1831 , the son The facts and the material clauses of the deed are fully referred to in the judgment . The ...
... agreed not to sue for their debts till the death of Peter Rye ( the Admiral ) . made , and by it the debt of By the deed of 1831 , the son The facts and the material clauses of the deed are fully referred to in the judgment . The ...
Page 27
... agreed that they shall be paid the dividend in satisfac- tion of the debt ; and there is an acknowledgment by the father of the existence of his debt . [ The Vice - Chancellor observed that the agreement in the body of the deed not to ...
... agreed that they shall be paid the dividend in satisfac- tion of the debt ; and there is an acknowledgment by the father of the existence of his debt . [ The Vice - Chancellor observed that the agreement in the body of the deed not to ...
Page 28
... agreed not to sue ; for the arrangement was that the creditors should be paid out of a particular fund , which could not arise till the death of the father , as he had a life interest in it . Therefore until that period they agreed not ...
... agreed not to sue ; for the arrangement was that the creditors should be paid out of a particular fund , which could not arise till the death of the father , as he had a life interest in it . Therefore until that period they agreed not ...
Page 32
... agreed between , " & c . , then that would have been clearly a reciprocal agreement . But what is the distinction be- tween , it is agreed between A. and B. , and A. agrees ( a ) 6 Barn . & Cress . 603 . ( b ) 2 Bing . N. C. 241 . ( c ) ...
... agreed between , " & c . , then that would have been clearly a reciprocal agreement . But what is the distinction be- tween , it is agreed between A. and B. , and A. agrees ( a ) 6 Barn . & Cress . 603 . ( b ) 2 Bing . N. C. 241 . ( c ) ...
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Common terms and phrases
act of bankruptcy aforesaid agreement alleged annuity appears applied appointed assignment Baily bank bankrupt Beav benefit bill breach child Church of England cited clause Clavering codicil contract Court covenant creditors death debt deceased decree deed Defendant demurrer deposit devise died DIMSDALE Druce educated abroad educated in England effect England entitled equity evidence executors fact Ferroll filed Francis Pegler funds Gibbon gift ground heirs heriots Holroyd intention interest issue Iveson James John John Shum Joint Stock Companies judgment lease Lewis Williams liable lien Lord Lord Eldon marriage matter ment mortgage Nokes notice official manager paid parties partnership payment personal estate Plaintiff plea possession purchase question real estate received relief rents residuary residuary estate respect settlement share solicitor suit Susanna Jemima Hicks tenant testator's thereof Thomas tion transaction trust twenty-one vested VICE-CHANCELLOR Vict wife William Winding-up
Popular passages
Page 92 - 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 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 565 - ... to the uses upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations...
Page 672 - ... and of the several and respective heirs male of the body and bodies of all and every such son and sons...
Page 672 - Frederick on the m uii male; jjody of any such other wife or wives lawfully to be begotten, severally, successively, and in remainder, one after another, as they, and every of them, shall be in seniority of age and priority of birth...
Page 731 - Hereditaments, which shall be so purchased, taken, or used as aforesaid, stood settled or limited, or such of them as at the Time of making such Conveyance and Settlement shall be existing undetermined and capable of taking effect; and in the meantime, and until such Purchase shall be made, the said Money shall, by Order of the said Court upon Application thereto, be invested by the said Accountant General, in his Name, in the Purchase of Three Pounds per Centum Consolidated or Three Pounds per Centum...
Page 96 - Mary to the proviso hereinbefore contained) who being a son or sons shall have attained or shall attain the age of twenty-one years or being a daughter or daughters shall have attained or shall attain that age or be previously married, in equal shares if more than one.
Page 669 - ... their appurtenances, and to have, receive, and take the rents, issues, and profits thereof, and of every part thereof...
Page 730 - Commissioners," pursuant to the method prescribed by an act passed in the first year of the reign of his late majesty King George the Fourth, intituled " An Act for better securing Monies and Effects paid into the Court of Exchequer at Westminster on account of the Suitors of the said Court, and for the appointment of an Accountant-General and Two Masters of the said Court, and for other Purposes...
Page 567 - ... to the use of the son so accepting and his assigns during his life, without impeachment of waste, with remainder to the use of his first and other sons successively...
Page 672 - ... and receive and take the rents, issues, and profits thereof, to and for his and their own use and benefit, without any lawful let, suit...