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 2
... parties . Mr. Lewin , for parties interested in the inheritance . The right of presentation ought to be sold to pay debts and legacies , to the relief of the inheritance . That the advowson passes is clear . The VICE - CHANCELLOR ...
... parties . Mr. Lewin , for parties interested in the inheritance . The right of presentation ought to be sold to pay debts and legacies , to the relief of the inheritance . That the advowson passes is clear . The VICE - CHANCELLOR ...
Page 18
... parties . If all these deeds had belonged clearly to the Defendant , still , if they related to the matters in issue , he might have been ordered to pro- duce them for the purpose of inspection . But when the discovery has been obtained ...
... parties . If all these deeds had belonged clearly to the Defendant , still , if they related to the matters in issue , he might have been ordered to pro- duce them for the purpose of inspection . But when the discovery has been obtained ...
Page 27
... parties , that the debts shall be paid , which amounts to a covenant to pay . The heading of the schedule makes it still clearer ; it is a part of the deed , and expresses an agreement be- tween the parties for the payment of the debts ...
... parties , that the debts shall be paid , which amounts to a covenant to pay . The heading of the schedule makes it still clearer ; it is a part of the deed , and expresses an agreement be- tween the parties for the payment of the debts ...
Page 31
... parties ; the only question was , what was the construction of the contract ? As to Stevinson's case in Leonard , the action was not on the deed ; it was brought on the cotemporaneous bond ; and what was decided was , that the condition ...
... parties ; the only question was , what was the construction of the contract ? As to Stevinson's case in Leonard , the action was not on the deed ; it was brought on the cotemporaneous bond ; and what was decided was , that the condition ...
Page 34
... parties , that it should be implied ; and that means not the intention of the parties merely that payment should be made , but their intention that the deed should operate by way of agreement to pay . Now what I find in this instrument ...
... parties , that it should be implied ; and that means not the intention of the parties merely that payment should be made , but their intention that the deed should operate by way of agreement to pay . Now what I find in this instrument ...
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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...